Daijiworld Media Network – New Delhi
Ranchi/New Delhi, Mar 4: The Supreme Court has ruled that calling someone "Mian-Tiyan" or "Pakistani," while inappropriate, does not amount to an offence under Section 298 of the Indian Penal Code (IPC), which deals with offences related to hurting religious sentiments.
A bench comprising Justices B.V. Nagarathna and Satish Chandra Sharma quashed the case against Hari Nandan Singh, a resident of Bokaro, Jharkhand, following a complaint filed by Md Shamimuddin, an Urdu translator. Shamimuddin had alleged that Singh used these derogatory terms against him, which he claimed hurt his religious sentiments.
The incident allegedly occurred when Shamimuddin met Singh to discuss information related to an RTI application. Following the complaint, an investigation was launched, and the police filed a charge sheet. In July 2021, a magistrate took cognizance of the case and issued summons under IPC Sections 353 (assault or criminal force to deter a public servant from duty), 298 (words intended to outrage religious feelings), and 504 (intentional insult likely to provoke breach of peace).
After Singh failed to secure relief from the district court and Jharkhand High Court, he approached the Supreme Court.
In its hearing, the Supreme Court found no evidence of assault or the use of force, rendering Section 353 inapplicable. It also ruled that there was no act that could have led to a breach of peace, dismissing the charges under Section 504. The court observed that the alleged words used by Singh, though distasteful, did not constitute an offense under Section 298 IPC, which pertains to hurting religious sentiments.
The bench remarked, “A bare perusal of the case reveals that the essential elements of the alleged offences under Sections 353, 298, and 504 IPC are not made out. There was no assault or use of force to attract Section 353, and the religious sentiments were not hurt by the words used.”
As a result, the Supreme Court discharged Singh from all charges, delivering its judgment on February 11, which was made available on Tuesday.