On 15th February this year, the Supreme Court of India ruled [pdf] that calling someone ‘Pakistani’ or ‘Miyan-Tiyan’ does not amount to hurting religious sentiments.
The matter was heard by a 2-judge Bench of Justices BV Nagarathna and Satish Chandra Sharma.
The case dates back to November 2020, when a government official (name undisclosed) was called ‘Pakistani’ or ‘Miyan-Tiyan’ during a heated argument with an elderly man named Hari Nandan Singh (the petitioner in the case).
The Background of the Case
At that time, the said official was working in the capacity of an Urdu Translator and Acting Clerk (RTI Division) in the Chas sub-divisional office in the Bokaro district of Jharkhand.
The petitioner, Hari Nandan Singh, had sought information through RTI but was not satisfied with the documents provided to him. He had alleged manipulation in the documents and filed an appeal.
The above-mentioned government official was, therefore, directed to hand over the information in person to Hari Nandan Singh. The official alleged that when he reached the residence of ethe lderly man, the latter refused to accept the documents.
According to the official, Singh verbally abused him and it hurt his religious sentiments.
“In order of receiving information material, Sh. Harinandan Singh hurt my religious sentiments from inside the gate itself. Even he called me Miyan-Tiyan along with Pakistani. He fully tried to create dispute with me. This act done by me has also been recorded by the peon gone along with me,” the government official said in his initial complaint to the police.
Hari Nandan Singh was thereafter booked under the following Indian Penal Code (IPC) Sections –
- 298 – insulting someone’s religious feelings through words, sounds, gestures, or objects
- 323 – punishment for voluntarily causing hurt to a person
- 353 – assault or criminal force used to prevent a public servant from performing their duties
- 504 – intentional insult that provokes a breach of public peace
- 506 – punishment for criminal intimidation
The petitioner, who is now 80 years old, sought the quashing of the criminal proceedings filed against him after failing to receive any relief from the trial court and the High Court of Jharkhand.
Verdict by the Supreme Court
In a 15-page judgment, the Supreme Court noted that the offences alleged against Hari Nandan Singh are not made out.
“A bare perusal of Case No. 140 of 2020 reveals that the essential ingredients of the offences alleged against the appellant under Sections 353, 298, and 504 IPC are not made out. Evidently, there was no assault or use of force by the appellant to attract Section 353 IPC. Therefore, the High Court ought to have discharged the appellant under Section 353 IPC,” the order stated.
Justices BV Nagarathna and Satish Chandra Sharma further observed that calling the ‘aggrieved’ government official ‘Pakistani’ or ‘Miyan-Tiyan’ did not amount to hurting his religious sentiments, despite being made in ‘poor taste’.
“Further, 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,” the verdict read.
The Supreme Court additionally did not find any merit in the charges levelled against the petitioner Hari Nandan Singh, under Indian Penal Code Sections 298 and 504.
The apex court concluded, “In the circumstances, we set aside the order of the High Court which has sustained the order of the Trial Court and consequently, allow the application filed by the appellant herein and discharge the appellant from all the three offences alleged against him.“
