The Supreme Court has held that using terms like “Miyan-Tiyan” or “Pakistani” may be in poor taste but does not make out a criminal offence that can penalise acts intended to wound religious sentiments. The ruling came while quashing a criminal case against an 80-year-old man accused of making such remarks.
“The appellant is accused of hurting the religious feelings of the informant by calling him ‘Miyan-Tiyan’ and ‘Pakistani’. Undoubtedly, the statements made are poor taste. However, it does not amount to hurting the religious sentiments of the informant,” noted a bench comprising justices BV Nagarathna and Satish Chandra Sharma.
The case originated from a first information report (FIR) registered as Bokaro in Jharkhand, based on a complaint by Md Shamim Uddin — an Urdu translator and acting clerk (Right to Information). According to the complaint, Hari Nandan Singh, an 80-year-old man, allegedly insulted the complainant using communal slurs and exerted criminal force against him while the latter was performing his official duties. The incident led to the registration of the case under Sections 298 (hurting religious sentiments), 504 (intentional insult to provoke breach of peace), 506 (criminal intimidation), 353 (assault to deter public servant from duty), and 323 (voluntarily causing hurt) of the IPC.
Upon completion of the investigation, the police filed a charge sheet, and the magistrate, by an order in July 2021, took cognisance of the offences and summoned the accused. Singh then filed an application for discharge, which was partly allowed by the magistrate on March 24, 2022, discharging him of offences under Sections 323 but retaining charges under Sections 298, 353 and 504. Singh’s subsequent challenges before the Bokaro additional sessions judge and the Jharkhand high court also failed, compelling him to approach the Supreme Court.
