Supreme Court: Calling Someone ‘Miyan-Tiyan’, ‘Pakistani’ In Poor Taste But Not Religious Offence

The Supreme Court has ruled that referring to a man as "Miyan-Tiyan" and "Pakistani" may be in poor taste but does not constitute an offence of hurting religious sentiments, reported LiveLaw.

In discharging an individual from charges under Section 298 of the Indian Penal Code (uttering words with deliberate intent to wound religious feelings), the Court observed: "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."

A bench comprising Justices B V Nagarathna and Satish Chandra Sharma was hearing an appeal against a Jharkhand High Court judgment, which had refused to discharge the appellant.

The case originated from an FIR filed by an Urdu translator and acting clerk (Right to Information) in the Sub-Divisional Office, Chas.

The complainant alleged that when he approached the appellant to provide information regarding an RTI application, the accused insulted him by making religious references and used criminal force to obstruct him from performing his official duties.

Subsequently, charges were framed against the appellant under Sections 353, 298, and 504 of the IPC.

However, the Supreme Court found that the complaint did not substantiate the offences. It noted that there was no evidence of assault or use of force to justify charges under Section 353 IPC. Additionally, the Court stated that the appellant could not be prosecuted under Section 504 IPC, as his actions did not amount to an act likely to provoke a breach of peace.

Senior Advocate A Sirajudeen, along with advocates Arya Kumari, Divya Singhvi, Pardeep Gupta, Parinav Gupta, Mansi Gupta, and Vipin Gupta, represented the accused.

For the State, Standing Counsel Vishnu Sharma, along with advocates Shiv Ram Sharma, Tulika Mukherjee, Venkat Narayan, and Beenu Sharma, appeared.