Ranchi/New Delhi, March 4 The Supreme Court has ruled that while calling someone "Mian-Tiyan" or "Pakistani" may be inappropriate, it does not constitute an offence under Section 298 of the Indian Penal Code (IPC), which pertains to hurting religious sentiments.
A Bench comprising Justices B.V. Nagarathna and Satish Chandra Sharma quashed the case filed against Hari Nandan Singh, a resident of Bokaro, Jharkhand.
The case had been lodged by an Urdu translator Md Shamimuddin, who alleged that Singh used these terms to address him in a derogatory manner, hurting his religious sentiments.
According to Shamimuddin, the incident occurred when he met Singh to provide information related to an RTI application.
Following an investigation, the police filed a charge sheet, and in July 2021, a magistrate took cognisance of the case, issuing summons under IPC Sections 353 (assault or criminal force to deter a public servant from duty), 298 (words intended to outrage religious feelings), and 504 (intentional insult likely to provoke breach of peace).
After failing to get relief from the district court and later the Jharkhand High Court, Singh approached the Supreme Court.
During the hearing, the apex court observed that there was no evidence of assault or use of force, making Section 353 inapplicable. Additionally, it found no act that could lead to a breach of peace, ruling out charges under Section 504.
“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 court said.
“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 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 court said further.
The Supreme Court, in its judgment dated February 11, but uploaded on Tuesday, discharged Singh from all charges.
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