Rajasthan High Court on October 14, 2022, denied bail to Ajmer Dargah Cleric Syed Gauhar Husain Chisti, who raised the ‘sar tan se juda’ slogan on June 17. Chishti was arrested from Hyderabad on July 15 and booked under Sections 506, 504, 188, 149, 143, 117, and 302/115 of the Indian Penal Code (IPC).

The bench of Justice Sameer Jain observed that “it could not be ruled out that if Chishti is released on bail, he can pose a threat to the society at large and affect the law and order situation in the State”. The court said:

It is observed that the permission was granted to raise protest by way of a ‘peaceful procession’ on the specific condition that the law and order will be maintained and that no provocative religious slogans would be raised. In spite of the same, the applicant arranged for mics and loudspeakers and raised religiously charged slogans before a crowd of 3000 people that were provocative, vindictive and motivated in hate speech.

 

Moreover, the applicant is alleged to have been actively involved in the incident as the mastermind. In contravention of the categorical directions of the police authorities, the law and order was put in jeopardy and communal discomfort was caused throughout the country, including certain unfortunate incidents at Amravati and Udaipur.

The Court also noted the fact that “prohibition orders are passed against Chisti every year under Section 107 of CrPC, as a precautionary measure”.

The bail application of Chishti filed in the Rajasthan High Court said:

A peaceful procession was carried out, in protest of the statements made by BJP spokesperson Nupur Sharma, with due permission and the concerned protest took place only after lawful permission was granted by the State as well as the police authorities.

Additional Advocate General in his statement submitted:

The permission was granted by the State only for a peaceful procession and with certain terms and conditions which were to be followed, however, despite that the conditions of permission were flouted and provocative and religiously charged slogans were raised before a crowd of approximately 3000 persons in the said protest.

The AAG further submitted:

Video clips of such slogans were widely circulated online which in effect led to the incidents at Udaipur and Amravati, wherein the victims were beheaded on account of religious hatred promulgated by such slogans and therefore, provisions of Section 115 read with Section 302 were also added in the FIR”.

The AAG also highlighted the fact that “Chisti is a habitual offender and every year, as a precautionary measure, prohibitory orders are issued against him to maintain peace and communal harmony”.

Multiple Hindus have been killed in recent months after the slogans of ‘sar tan se juda’ were shouted by Muslims across India. This includes the murder of Kanhaiyalal Teli, who was killed by Muslims in Udaipur on June 28 for supporting Nupur Sharma. Before that, Umesh Kolhe was also murdered by Muslims in Amravati of Maharashtra on June 21, for supporting Nupur Sharma.