‘Distasteful, but calling someone Pakistani does not hurt religious sentiments’, holds SC

The Supreme Court on Tuesday held though of poor taste, calling someone ‘Pakistani’ or 'miyan-tiyan' does not have religious sentiments. The top court was hearing a plea moved by a Jharkhand government servant who was called names while doing his duty.

Hearing the matter, a bench comprising Justices B.V. Nagarathna and Satish Chandra Sharma observed the comments did not warrant charges under section 298 IPC, deliberately hurting an individual’s religious sentiments. The section deals with words or gestures made with a deliberate intent to wound religious feelings.

The bench observed, "Undoubtedly, the statements made are 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,” Bar and Bench reported.

The case was filed by Urdu translator and acting clerk under Right to Information (RTI) in the sub-divisional office, Chas in Jharkhand. As per the RTI staff’s complaint, the accused Hari Nandan Singh, sought information under the RTI Act from additional collector-cum-first appellate authority, Bokaro, and the information was dispatched to him. However, Singh filed an appeal before the appellate authority, allegedly after manipulating the data provided and levelled false allegations.

The authority later directed the translator to serve the information sought in person to the appellant. When the translator went to serve the information, Singh allegedly refused to accept the documents at first and later accepted once insisted. Singh allegedly abused the translator, referring to his faith and used criminal force against him.

A case was registered in 2020 and the trial court directed police to frame charges under sections 353 (assault or criminal force on a public servant) and 504 (intentional insult) of IPC against the accused. The High Court also took cognisance of the matter and dismissed his plea to quash proceedings. 

Hearing the matter, the top court noted though statements were in poor taste, the offence under the said provision would not stand. The bench discharged the accused of charges against him.