The Supreme Court on Tuesday ruled that calling someone “Miyan-Tiyan” or “Pakistani” is in poor taste but does not constitute an offence of hurting a person’s religious sentiments under Section 298 of the Indian Penal Code (IPC).

This observation by the apex court came while dismissing the criminal proceedings against Hari Nandan Singh, who was booked under various provisions of the IPC for allegedly abusing a government servant and using their religion and criminal force against them.

The court, in its February 11 judgement, had said, “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 of Justices B.V. Nagarathana and Satish Chandra Sharma noted that such statements, though made in poor taste, do not constitute an offence under the IPC. The top court ruled in favour of Singh while discharging him of all charges and set aside the High Court’s order. It also ruled that none of the ingredients that constitute the offences alleged against Singh found place in the FIR.

In its judgement, the court remarked, “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.”

Singh, the 80-year-old man, had sought information under the Right To Information (RTI) Act from the Additional Collector-cum First Appellate Authority. While the information was dispatched to him, the accused alleged that the documents in which the information was sent to him were manipulated, as per ANI. 

After his allegations, the Public Information Officer (PIO) directed that the needed information was to be personally delivered by an official informant to Singh. 

Following the PIO’s orders, an Urdu Translator and an acting clerk delivered the information to Singh’s residence. The official informant (Urdu Translator) claimed that Singh abused him verbally as he was delivering the information. 

Furthermore, according to ANI, he also alleged that Singh used criminal force against him, intending to intimidate him and deter him from performing his duties as a public servant. Following this, an FIR was registered against the accused, and he was charged with various offenses. 

Singh later filed an application to dismiss the charges, but the Magistrate, the Sessions Court, and the Jharkhand High Court rejected it. Following this, he approached the top court. 

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