Calling Someone Miyan Tiyan, Pakistani in Poor Taste, Not a Crime: SC
The Supreme Court quashes criminal case against 80-year-old man, saying remarks like Miyan-Tiyan don’t hurt religious sentiments.
The Supreme Court on Tuesday quashed a criminal case against an 80-year-old man, Hari Nandan Singh, who was accused of using communal slurs like “Miyan-Tiyan” and “Pakistani” while interacting with an Urdu translator. The bench, comprising Justices BV Nagarathna and Satish Chandra Sharma, held that while the remarks may be in poor taste, they did not constitute an offence capable of penalizing acts intended to wound religious sentiments.
The case dates back to an incident on November 18, 2020, when Singh was interacting with Md Shamim Uddin, an Urdu translator. Uddin had been tasked with delivering information under the Right to Information (RTI) Act, after Singh had previously filed an appeal over documents he claimed were tampered with. Despite initially refusing to accept the documents, Singh relented after repeated attempts by Uddin.
During the exchange, Singh allegedly used the terms “Miyan-Tiyan” and “Pakistani” in a derogatory manner while also exerting criminal force against Uddin, as claimed in the First Information Report (FIR) filed by Uddin. The FIR also included charges under Sections 298 (hurting religious sentiments), 504 (intentional insult to provoke a breach of peace), 506 (criminal intimidation), 353 (assault to deter a public servant from duty), and 323 (voluntarily causing hurt) of the Indian Penal Code.
The case was first heard in the Jharkhand High Court, which rejected Singh's plea to quash the proceedings. However, the Supreme Court, in its ruling, emphasized that there was insufficient evidence to establish a breach of peace or criminal intent on Singh’s part. The court noted that while the remarks made by Singh were “undoubtedly in poor taste,” they did not meet the threshold required to constitute an offence under the relevant sections of the IPC.
In its judgment, the Supreme Court discharged Singh from all charges, highlighting the need for a careful assessment of whether an offence truly occurred before legal proceedings are initiated in such cases.
The verdict underscores the Court's nuanced approach to the protection of free speech while addressing cases that involve communal slurs and the potential for harm to religious sentiments.