The Supreme Court has ruled that while calling someone “Miyan-Tiyan” and “Pakistani” may be in poor taste, it doesn’t tantamount to criminal offense. The court noted that these remarks can’t be construed as an offence of hurting the religious sentiments of that person. Incidentally, the apex court gave this ruling while discharging a person of the charge under Section 298 of the Indian Penal Code (Uttering words, etc., with deliberate intent to wound religious feelings).
The Court ruled, “The appellant is accused of hurting the religious feelings of the informant by calling him ‘Miyan-Tiyan’ and ‘Pakistani’. Undoubtedly, the statements made are in poor taste. However, it does not amount to hurting the religious sentiments of the informant.”
The two judge bench comprising Justices B V Nagarathna and Satish Chandra Sharma heard the plea filed against a judgment of the Jharkhand High Court which had refused to discharge the appellant.
The case details
An Urdu translator and acting clerk (Right to Information) in the Sub-Divisional Office, Chas was a complaint in this case. As per the FIR, the complainant had alleged that when he visited the appellant sought information in relation to an RTI application, the accused abused him by referring to his religion. As per the allegation, he used criminal force to prevent the discharge of official duties.
Following his complaint, the suspect was charged under Sections 353, 298, and 504 of the IPC.
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However, following the arguments, the apex court found that the ingredients of the offences were not made out in the complaint. Consequently, the court stated that there was no assault or use of force by the appellant to attract Section 353 IPC.
The Apex Court further held that since there was no act on his part that could have provoked a breach of peace, the appellant cannot be charged under Section 504 IPC.