Supreme Court Ruling: “Miyan-Tiyan” or “Pakistani” Remarks Do Not Constitute Criminal Offense
New Delhi: The Supreme Court has ruled that referring to someone as “Miyan-Tiyan” or “Pakistani” is inappropriate but does not constitute a criminal offense. The observation was made by a bench of Justices B.V. Nagarathana and Satish Chandra Sharma while hearing an appeal challenging a ruling by the Jharkhand High Court.
The case stemmed from an incident in Jharkhand, where the appellant was accused of hurting a complainant’s religious sentiments by using the terms “Miyan” and “Pakistani.” While the Court acknowledged that such remarks were in poor taste, it clarified that they did not amount to intentional harm to the complainant’s religious feelings.
The Supreme Court bench overturned the Jharkhand High Court’s verdict, acquitting the accused under Section 298 of the Indian Penal Code, which deals with offences related to religious sentiments.
In its ruling, the bench stated, “The statements made are in poor taste. However, it does not amount to hurting the religious sentiments of the informant.”
The case involved an acting clerk and Urdu translator from the Chas Sub-Divisional Office in Jharkhand. The complainant had filed an FIR, alleging that the accused misbehaved with him and made religious remarks while he sought information regarding an RTI application. When the matter reached the Jharkhand High Court, it deemed the act a serious offense, denying the accused’s acquittal. The accused then appealed the decision to the Supreme Court.
In its judgment, the Supreme Court emphasized that while the language used was inappropriate, it did not meet the threshold for a criminal act under the relevant law.
