NEW DELHI: The Supreme Court of India on Wednesday ruled that referring to someone as ‘Miyan-Tiyan’ or ‘Pakistani’, while inappropriate and distasteful, does not constitute an offence under the law for hurting religious sentiments.
The ruling came as the apex court dismissed a case against a man accused of insulting a government official by calling him ‘Pakistani’ during a dispute.
The complaint was lodged by an Urdu translator and acting clerk in Jharkhand, who alleged that the accused used these terms while discussing a Right to Information (RTI) application.
According to the complainant, the accused not only hurled the remarks but also used offensive language and attempted to obstruct him from carrying out his official duties. As a result, an FIR was registered against the accused under sections of the Indian Penal Code (IPC) related to hurting religious sentiments, intentional insult to provoke a breach of peace, and use of criminal force to deter a public servant from duty.
Overruling a decision by the Jharkhand High Court, a Supreme Court bench comprising Justices BV Nagarathna and Satish Chandra Sharma stated that, while the statements were in poor taste, they did not amount to a criminal offence.
The bench observed that the appellant was accused of hurting the religious feelings of the informant by calling him ‘Miyan-Tiyan’ and ‘Pakistani’. While the statements were undoubtedly inappropriate, they did not constitute an offence under Section 298 of the IPC.
The court further ruled that there was no evidence of provocation leading to a breach of peace, nor any physical force used to obstruct the complainant from carrying out his duties. Consequently, the accused was discharged of all charges under Sections 298, 504, and 353 of the IPC.
Initially, the Magistrate Court found sufficient grounds to frame charges under various sections of the IPC, including religious insults and obstruction of a public servant.
However, after the Jharkhand High Court upheld the charges, the accused, Hari Nandan Singh, challenged the decision in the Supreme Court, which ultimately ruled in his favour, dismissing the case.
