The Supreme Court has held that using terms like “miyan-tiyan” and “Pakistani” does not amount to an offence of hurting religious sentiments, although such remarks are in poor taste.
The Bench, consisting of Justices B.V. Nagarathna and Satish Chandra Sharma, discharged Hari Nandan Singh, who had been accused of insulting the religious sentiments of an Urdu translator and acting clerk under the Right to Information (RTI) Act in Jharkhand’s Chas Sub-Divisional Office.
The February 11 order explained that the appellant’s comments were poor in taste, but they did not fall under the legal scope of hurting religious feelings as outlined in Section 298 of the Indian Penal Code (IPC). This section deals with words or gestures deliberately intended to wound religious sentiments. The Bench concluded, “The statements made are poor taste. However, it does not amount to hurting the religious sentiments of the informant.”
The case dates back to November 18, 2020, when Singh had allegedly used derogatory remarks after receiving RTI documents. Singh had initially sought information under the RTI Act from the Additional Collector in Bokaro. Following a dispute over manipulated documents, the informant, an Urdu translator, went to Singh’s house to personally deliver the corrected information.
Singh reportedly refused to accept the documents initially but later did so. It was then alleged that he abused the informant in reference to his faith and used criminal force against him. This prompted the translator to file a First Information Report (FIR).
After an investigation, the trial court framed charges against Singh under Sections 353 (assault or criminal force against a public servant) and 504 (intentional insult) of the IPC, but the Jharkhand High Court dismissed his plea for quashing the proceedings.
Upon appeal to the Supreme Court, the Bench ruled that Singh’s actions did not provoke a breach of peace, and the accusations of intentional insult were not substantiated. Therefore, the Court set aside the High Court’s decision and discharged Singh from all three offences.
