New Delhi: The Supreme Court on Tuesday ruled that calling someone ‘Miyan-Tiyan’ or ‘Pakistani’ may be in poor taste but not an offence of hurting religious sentiments. A bench of Justices BV Nagarathna and Satish Chandra Sharma made the observation during a case against a man accused of calling a government official ‘Pakistani’. The top court discharged the man of the charge under Section 298 of the Indian Penal Code (IPC).
“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 bench observed as reported by Live Law.
The bench considered an appeal filed against a judgment of the Jharkhand High Court. Notably, the high court had refused to discharge the appellant.
The complaint was filed by an Urdu translator and an acting clerk (Right to Information) in the Sub-Divisional Office in Jharkhand. The complainant alleged that when he went to the appellant to furnish information regarding a Right To Information (RTI) application, he abused him by referring to his religion and also insulted him.
After the complaint, the appellant was booked under Sections 353, 298, and 504 of the IPC.
The apex court observed that there was no assault or use of force to charge the appellant under Section 353 IPC. The bench noted that the appellant also could not be charged under Section 504 IPC as there is no evidence that his action provoked a breach of peace.
