Supreme Court Rules 'Miyan-Tiyan' and 'Pakistani' Remarks Not Offensive

The Supreme Court held on Tuesday that although referring to a person as 'Miyan-Tiyan' or 'Pakistani' would be distasteful, it isn't legally an offence of injuring religious sentiments. A bench headed by Justices BV Nagarathna and Satish Chandra Sharma made the remark while setting aside a case against a man who was alleged to have insulted a government official by terming him as 'Pakistani.'

The case was filed on the complaint of an Urdu translator and acting clerk in Jharkhand. According to the complainant, he had gone to the accused to give information about a Right to Information (RTI) application when the latter had allegedly insulted him by criticizing his religion and tried to hinder him from conducting his official duties.

After this incident, an FIR was lodged against the accused under Sections 298 (hurt to religious sentiments), 504 (intentional insult to provoke breach of peace), and 353 (use of criminal force to prevent a public servant from performing duty) of the Indian Penal Code (IPC).

Overturning an earlier ruling by the Jharkhand High Court, the Supreme Court said, "The appellant has allegedly offended the religious sentiments of the informant by referring to him as 'Miyan-Tiyan' and 'Pakistani'. The remarks are certainly in bad taste. But it is not hurting the religious sentiments of the informant."

The bench also made it clear that the accused had not committed any act that might have provoked a breach of peace.

"Evidently, there was no assault or application of force by the appellant to draw Section 353 IPC (assault or criminal force to deter a public servant from discharging duty)," the court noted.