Calling Someone ‘Mian-Tian’ or ‘Pakistani’ Not a Crime, Rules Supreme Court

New Delhi (The Uttam Hindu): In an important decision, the Supreme Court has said that calling a person 'Miyan-Tian' and 'Pakistani' is definitely bad, but it cannot be put in the category of crime. The Supreme Court acquitted the person accused in this case of hurting religious sentiments under section 298 of the Indian Penal Code (IPC). The court clarified that the use of such words cannot be considered a crime under the law of 'hurting religious sentiments'.

A bench of Justices BV Nagarathna and Satish Chandra Sharma was hearing an appeal filed against a decision of the Jharkhand High Court. The bench overturned the decision of the Jharkhand High Court in which the High Court had refused to discharge the accused.

The case pertains to an FIR that was lodged by an Urdu translator and the officiating clerk (Right to Information) of the Chas subdivision office. According to the complainant, when he went to provide information in connection with an RTI application, the accused abused him, referred to his religion, addressed him with words like 'Mian-Tian' and 'Pakistani'.

The Jharkhand High Court had refused to discharge the accused in this case, which means that the High Court had prima facie found the offence to be committed. However, the Supreme Court disagreed with this view of the High Court.

The Supreme Court in its observation said, “Undoubtedly, the statements made are in bad taste. However, it does not amount to hurting religious sentiments.” The court then acquitted the appellant of the charges under Section 298.

This decision of the Supreme Court sets an important precedent for the interpretation of laws related to freedom of expression and hurting religious sentiments. The court clarified that using inappropriate and abusive language may be morally wrong, but not every bad statement can be legally considered a crime, especially unless it is done with the intention of hurting religious sentiments.