Calling Someone 'Miyan-Tiyan' or Pakistani Not an Offence, Rules Supreme Court

New Delhi:  The Supreme Court on Tuesday ruled that calling someone "Miyan-Tiyan" or "Pakistani" might be in poor taste, but it does not constitute an offence under Section 298 of the Indian Penal Code (IPC) for hurting religious sentiments.

A bench comprising Justices BV Nagarathna and Satish Chandra Sharma delivered the verdict while closing a case against the accused, Hari Nandan Singh, who had allegedly referred to a government servant as "Pakistani" while the latter was performing his official duties.

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The top court discharged the accused of the charges related to this provision, highlighting that such remarks, although offensive, did not meet the legal criteria for criminal prosecution.

"Undoubtedly, the statements made are in poor taste. However, it does not amount to hurting the religious sentiments of the informant. Hence, we are of the opinion that the appellant shall also be discharged under Section 298 IPC," the apex court ruled in its judgment.

The Case:

Singh had faced a range of charges, including criminal intimidation (Section 506), insulting a public servant (Section 504), and assaulting a public servant (Section 353).

The complainant, an Urdu translator working as an acting clerk under the Right to Information (RTI) Act, had personally delivered information to Singh. During this interaction, Singh reportedly made offensive remarks, which led to the filing of an FIR.

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The lower courts also framed charges against Singh, but the Supreme Court found "no sufficient evidence" to support charges under Sections 353 and 504. The court also ruled that there was no criminal force or assault used against the complainant and that no breach of peace was provoked by the remarks.

In its ruling, the court emphasised that Singh’s actions did not meet the criteria for criminal intimidation or provoking a breach of peace, and thus, the charges were dismissed. The court further noted that the Rajasthan High Court had erred in not discharging Singh earlier and ruled that Singh should be acquitted of all charges.