Court Holds Applicant Responsible for Inciting Violence and Threatening Public Order Under Bharatiya Nagarik Suraksha Sanhita, 2023
In a significant decision dated September 7, 2026, the Allahabad High Court, presided over by Justice Ashutosh Srivastava, has rejected the bail application of Maulana Tauqeer Raza Khan, accused of inciting violence and riots in Bareilly. The applicant, president of the Ittehad-e-Millat Council (IMC), was charged under multiple sections of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), including Section 483, relating to public safety and riotous acts.
The case arose from violent incidents on September 26, 2025, when a large assembly of around 200-250 persons gathered at the Islamia Inter College grounds in response to a call issued by the applicant and other IMC members. This assembly took place despite an explicit prohibition order under Section 163 of BNSS issued by the local administration against public gatherings of more than five persons.
During the assembly, police personnel attempting to disperse the crowd were met with stone pelting, petrol bombs, and even gunfire, resulting in injuries to several officers and extensive damage to public property. The mob also raised inflammatory slogans such as “Gustakh-e-Nabi Ki Ek Hi Saja, Sar Tan Se Juda,” which the Court interpreted as inciting rebellion and threatening the sovereignty and integrity of India.
The applicant’s counsel contended that Maulana Tauqeer Raza Khan had no direct involvement in the mobilization or violence and was under house arrest at the time of the incident. They argued that the applicant’s call to assemble was a peaceful protest against alleged atrocities faced by the Muslim community and that his political influence made him a target of malicious prosecution.
However, the State vehemently opposed the bail, presenting evidence that the applicant was the mastermind behind the call to assemble and had, post-riot, publicly applauded the response of his followers through a circulated video. The Court found that the slogans raised were a clear challenge to public order and the rule of law, distinguishing them from religious or devotional chants.
The Court noted that the applicant had a history of criminal antecedents and that his release on bail posed a risk to public harmony. While the applicant was not physically present at the riot site, his role in inciting the assembly without permission and endorsing the violent conduct afterward was deemed significant.
Consequently, balancing the interests of justice and public safety, the Allahabad High Court declined to grant bail to Maulana Tauqeer Raza Khan, allowing the trial to proceed without interruption.
This judgment underscores the judiciary’s firm stance against incitement to violence and unlawful public assemblies that threaten social order, particularly under the newly enacted provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Bottom Line:
Bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for alleged involvement in riots, incitement of violence, and disruption of public order rejected on grounds of prima facie evidence and threat to public harmony.
Statutory provision(s):
Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 163, 483; Criminal Law Amendment Act Section 7; Prevention of Damage to Public Property Act Sections 3, 4; Various sections of Bharatiya Nyaya Sanhita (Sections 109(1), 109(2), 118(2), 121(1), 189(5), 191(2), 191(3), 195(1), 196(1), 196(2), 223, 310(2), 324(5), 324(6), 61(2), 62)
Maulana Tauqeer Raza Khan v. State of U.P., (Allahabad) : Law Finder Doc Id # 2973647
