NEW DELHI: The Supreme Court has said describing a man “Miyan-Tiyan” and branding him a “Pakistani” would be in poor taste, nonetheless, it would not amount to an offence of hurting his religious sentiments.
A bench of Justices B V Nagarathna and Satish Chandra Sharma set appellant Hari Nandan Singh free in a criminal proceedings in connection with an FIR lodged by an Urdu translator and acting clerk (Right to Information) in the Sub-Divisional Office, Chas.
SC Rules ‘Miyan-Tiyan’ & ‘Pakistani’ Remarks Not a Criminal Offence
The appellant questioned the validity of the High Court's order, contending if ingredients of the offences alleged were juxtaposed with the relevant portions of the complaint, it was easily discernible that no offence whatsoever has been made out in the case.
His counsel said the magistrate ought to have allowed the application seeking discharge and closed the proceedings. The High Court was also not right in sustaining the order and dismissing his plea. The counsel also said the appellant is presently aged about 80 years and at this stage of his life, he has been forced to face this criminal proceeding.
Supreme Court Quashes FIR Over Alleged Religious Insult
After looking into the materials, the bench also said, "We do not find that any ingredients of the offences alleged as against the appellant herein find place in FIR registered as against him."
The essential ingredients of the offences alleged against the appellant under Sections 353, 298, and 504 IPC were not made out, the court said.
It also noted, evidently, there was no assault or use of force by the appellant to attract Section 353 IPC.
The court felt the High Court ought to have allowed the plea by the appellant.
"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 poor taste. However, it does not amount to hurting the religious sentiments of the informant," the bench said.
The court also said there was no act on his part which could have provoked a breach of peace.
The complainant claimed he went to the residence to the appellant on November 18, 2020 to furnish him information where the accused allegedly abused him by referring to his religion and used criminal force against him while he was discharging his official duties.
An FIR was lodged at Bokaro Sector-IV police station and subsequently a charge sheet was filed. The Magistrate ordered to frame charges against the appellant under Sections 353, 298, and 504 of the IPC. The Jharkhand High Court dismissed his plea for quashing the proceedings.
The complainant claimed he went to the house of the appellant, he abused him and received to take the information. "Even he called me Miyan-Tiyan along with Pakistani. He fully tried to create dispute with me. This act done by me has also been recorded by the peon gone along with me," the informant said.
