Supreme Court rules calling someone ‘Miyan’ or ‘Pakistani’ wrong, but not crime

THE JHARKHAND STORY DESK

New Delhi, March 4: Referring to a person as “Miyan-Tiyan” or “Pakistani” is inappropriate, but it does not constitute a criminal offense. This observation was made by Supreme Court’s Justice B.V. Nagarathana and Justice Satish Chandra Sharma’s bench while hearing an appeal against a ruling by the Jharkhand High Court. The bench overturned the High Court’s decision and acquitted the appellant (accused).

The court stated that the appellant was accused of hurting the complainant’s religious sentiments by referring to them as ‘Miyan’ and ‘Pakistani.’ Undoubtedly, this statement is inappropriate; however, it does not equate to intentionally hurting the religious sentiments of the complainant.

The court, while rejecting the Jharkhand High Court’s order, acquitted the accused under Section 298 of the Indian Penal Code in this case.

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“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 in poor taste. However, it does not amount to hurting the religious sentiments of the informant”, the Court said in its judgement.

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The case involves the acting clerk and Urdu translator of the Chas Sub-Divisional Office in Jharkhand, who had filed an FIR. The complainant alleged that when he went to seek information regarding an RTI application, the accused misbehaved with him, citing his religion.

When the matter reached the Jharkhand High Court, the court considered it a serious offense and refused to acquit the accused. The accused then challenged the High Court’s order in the Supreme Court, where the bench of Justice B.V. Nagarathna and Justice Satish Chandra Sharma heard the case.

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