The Supreme Court ruled on Tuesday that while calling someone “Pakistani” or using terms like “miyan-tiyan” may be inappropriate, it does not amount to hurting religious sentiments under Section 298 of the Indian Penal Code (IPC). The case involved a government employee from Jharkhand who was allegedly subjected to such remarks while performing his official duties.
A bench comprising Justices B.V. Nagarathna and Satish Chandra Sharma observed that although the remarks were in poor taste, they did not meet the legal threshold for deliberately wounding religious feelings. Consequently, the court decided that the accused should be discharged under Section 298 IPC, which deals with actions intended to offend religious sentiments through words or gestures. The court acknowledged the insensitive nature of the statements but maintained that they did not justify charges under the provision.
The case stemmed from a complaint by an Urdu translator and acting clerk in the sub-divisional office of Chas, Jharkhand. The accused, Hari Nandan Singh, had requested information under the Right to Information (RTI) Act, but after receiving the data, he allegedly manipulated it and filed a false appeal before the appellate authority. When the translator was later instructed to personally deliver the corrected information, Singh initially refused to accept it and later did so under insistence. During this interaction, he allegedly verbally abused the translator, referencing his faith, and used criminal force. A case was registered in 2020, and both the trial court and the High Court directed that charges be framed under Sections 353 (assault or criminal force on a public servant) and 504 (intentional insult) of the IPC. However, the Supreme Court, while acknowledging the inappropriate nature of the remarks, ruled that they did not constitute an offense under Section 298 and discharged the accused from that specific charge.
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