SC: Using 'Pakistani' not an offence against religious sentiments

New Delhi

The Supreme Court has ruled that using words like "miyan-tiyan" and "Pakistani" does not constitute an offence of hurting religious sentiments, even if they are in poor taste. A bench comprising Justices B V Nagarathna and Satish Chandra Sharma made this observation while discharging a man in a case filed by an Urdu translator and RTI clerk in Jharkhand.

In its order dated February 11, the court stated, "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. Hence, we are of the opinion that the appellant shall also be discharged under Section 298 IPC."

The case involved Hari Nandan Singh, who sought information under the RTI Act. After he allegedly manipulated documents and made false allegations, the appellate authority ordered the translator to personally deliver the information to him. On November 18, 2020, when the informant visited Singh’s house, he initially refused to accept the documents. He later accepted them but allegedly abused the informant and used criminal force.

An FIR was filed, and charges were framed under Sections 298, 353, and 504 of IPC. The trial court's decision was upheld by the Jharkhand High Court. However, the Supreme Court set aside the orders and discharged the accused from all charges.