Sar Tan Se Juda slogan ‘challenges authority of law’: Allahabad High Court

In its order, the court further stated that Khan’s conduct after the incident, when he gave a speech thanking the masses for responding to his call in large numbers and applauding acts of indulging in violence, cannot be approved.

On September 26 last year, clashes broke out during a protest in support of the “I love Muhammad” campaign. Khan, president of social and political organisation Ittehad-e-Millat Council (IMC), was arrested in separate cases related to the violence and has been lodged in jail since September 27, 2025.

Security personnel had lathi-charge protesters during a demonstration over the issue of ‘I Love Mohammad’ posters, in Bareilly, Uttar Pradesh, last year. (PTI file photo)

He, along with others, was booked on charges including rioting, promoting enmity on ground of religion, attempt to murder and sections of Prevention of Damage of Public Property Act.

A prominent face of the Barelvi Sunni community, Tauqeer wields considerable influence in the religious and social spheres in the Bareilly region.

The arguments

Khan’s counsel, in their submissions to court, alleged that he has been falsely implicated in the case for ulterior motives and political purposes. They claimed that Khan is an influential public figure and on account of his political influence, he has been a soft target.

The counsel stated that on September 19, 2025, the IMC had given a call during a public meeting to assemble on the grounds of Islamia Inter College, Bareilly, to protest against the alleged atrocities being faced by the Muslim community and false cases being lodged against them by the state government.

They argued that Khan did not organise any gathering with the object of inciting anyone, and there is no direct allegation of causing violence or damage against him.

He was not the mastermind of the incident, as alleged in the FIR, the counsel claimed.

The government counsel opposed the bail plea, alleging that Khan was the kingpin and mastermind.

Bareilly police had conducted flag marches after the violence last year. (Express file photo)

The counsel claimed that a meeting was organised on September 19 last year in a village and the slogan, ‘Gustakh E Nabi Ki Ek Saza, Sar Tan Se Juda, Sar Tan Se Juda’, was raised against the state.

An appeal was made to the Muslim community to gather at the Islamia Inter College ground after offering namaz on September 26, the government counsel said.

The counsel alleged that the mob then indulged in rioting, attacking police personnel with sharp-edged weapons, tearing off their uniforms and badges, firing at them with intent to cause death, and assaulting them with broken bottles, petrol bombs, stones and bricks.

Rioters again raised the slogan ‘Sar Tan Se Juda’ slogan, the counsel alleged.

It was also submitted that Khan has 24 criminal cases lodged against him and that he was allegedly instrumental in inciting people through his address.

What the court said

After hearing the submissions, the bench said the Muslim community had undertaken the march. When police personnel, who were merely performing their duties to maintain law and order, stopped them, the crowd “manhandled them and indulged in rioting and destruction of public property, resulting in injuries to police personnel”, the court said.

It added, “The court also finds force in the submission of the counsel for the state to the effect that the slogan ‘Gushtakh-e- Nabi Ke Ek Hi Saja, Sar Tan Se Juda, Sar Tan Se Juda’ is nothing but a challenge to the authority of law… [and] sovereignty and integrity of India… and incites the people for an armed rebellion, which is punishable under the law.”

“The said slogan cannot be equated to other slogans like ‘Nara-e-Takbir, Allahu-Akbar’, ‘Jo Bole So Nihal Sat Sri Akal’, or for that matter ‘Jai Shri Ram’ or ‘Har Har Mahadev’, which are slogans expressing respect to the God or Guru concerned,” the bench observed.