Overview
- Justice Arun Kumar Singh Deshwal ruled that the chant directly challenges the authority of law and India’s sovereignty, making it prosecutable under BNS Section 152.
- The court rejected bail for Rihan after finding material that he joined an unlawful assembly that injured policemen and damaged property during the Bareilly unrest.
- The judgment says the slogan has no trace in the Quran, contradicts Prophet Mohammad’s ideals of mercy, and cites his example of kindness in Taif.
- Devotional proclamations such as ‘Allahu Akbar’, ‘Jai Shree Ram’ and ‘Jo bole so nihaal, Sat Sri Akal’ were distinguished from threats, with misuse to intimidate flagged as unlawful.
- The case stems from a September 26 Bareilly gathering of about 500 people allegedly mobilised by Maulana Taukir Raza and Nadeem Khan; seven arrests were made, an FIR named 25 and about 1,700 were listed as unknown accused.