'Pakistani' remark not an offence, rules Indian Supreme Court
A view of the Indian Supreme Court building is seen in New Delhi December 7, 2010. PHOTO: REUTERS
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The Supreme Court of India ruled on Tuesday that referring to someone as 'Miyan-Tiyan' or 'Pakistani', while distasteful, does not constitute an offence of hurting religious sentiments.
The ruling came as the court dismissed a case against a man who had allegedly insulted a government official by calling him 'Pakistani'.
A complaint had been filed by an Urdu translator and acting clerk in Jharkhand, who claimed that the accused used these terms when he visited him to discuss a Right to Information (RTI) application.
The complainant alleged that the accused had also used abusive language and obstructed him from carrying out his official duties.
An FIR was lodged under Sections 298 (hurting religious sentiments), 504 (intentional insult to provoke breach of peace), and 353 (use of criminal force to deter a public servant from duty) of the Indian Penal Code (IPC).
However, the Supreme Court overruled a decision by the Jharkhand High Court, stating that while the remarks were inappropriate, they did not amount to an offence.
A bench comprising Justices BV Nagarathna and Satish Chandra Sharma noted, "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 further observed that there was no act on the part of the accused that could have provoked a breach of peace or any assault to deter the complainant from performing his official duties. As a result, the man was discharged of the charges under Sections 298, 504, and 353 of the IPC.
The case had been initially dismissed by the Magistrate court, which found sufficient grounds for framing charges under several sections of the IPC, including those related to religious insults and obstruction of a public servant.
The accused, Hari Nandan Singh, then approached the Supreme Court, challenging the dismissal by the Jharkhand High Court.
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