New Delhi [India], March 4 (ANI): The Supreme Court recently observed that calling someone “Miyan-Tiyan”, “Pakistani” will not amount to hurting their religious sentiments under the Indian Penal Code (IPC).
A bench of Justices B.V. Nagarathana and Satish Chandra Sharma noted that such statements, though made in poor taste, would not constitute an offence under Section 298 of the IPC.
“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”, the Court said in its judgement.
The Court pronounced the ruling while setting aside criminal proceedings against one Hari Nandan Singh, who had been booked under various provisions of the IPC for allegedly abusing someone by using their religion and using criminal force against them.
Hari Nandan Singh had sought certain information from the Additional Collector-cum First Appellate Authority under the RTI Act. The same was dispatched to him. However, Singh alleged that the documents in which the information which was sent to him were manipulated.
Subsequently, as per the order of the Public Information Officer, the said information was directed to be personally served to Singh by an official informant.
The official informant, who is an Urdu Translator and an appointed acting clerk, alleged that while delivering the information to Singh, he was abused by him. He further alleged that Singh used criminal force against him with the intention of intimidating him and deterring him from performing his duties as a public servant.
As a result, an FIR was registered against Singh, and he was charged with various offences under the IPC, including the act of hurting someone’s religious sentiments.
Singh subsequently filed an application for discharge, which was dismissed by the Magistrate. His request for relief from the charges was also rejected by both the Sessions Court and the High Court, prompting him to approach the Supreme Court.
The Supreme Court ruled in favour of Singh by setting aside the High Court order and discharging him of all charges. It ruled that none of the ingredients that constitute the offences alleged against Singh found place in the FIR.
“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”, the Court said in its judgement.
Thus, it allowed Singh’s appeal and disposed of the case.(ANI)
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