Dismissing a case against a man accused of referring to a government employee as "Pakistani", the judges said remarks may be in poor taste but don’t hurt religious sentiments.

The Supreme Court on Mar 4 ruled that calling someone "Miyan-Tiyan" or "Pakistani" may be distasteful but does not constitute an offense under the Indian Penal Code (IPC) for hurting religious sentiments.
A bench comprising Justices BV Nagarathna and Satish Chandra Sharma made the observation while dismissing a case against a man accused of referring to a government employee as "Pakistani."

The case stemmed from a complaint filed by an Urdu translator and acting clerk in Jharkhand. The complainant alleged that the accused had verbally abused him, referencing his religion, and had used criminal force to obstruct his official duties when he visited to provide information regarding a Right to Information (RTI) application.
Based on the complaint, an FIR was registered against the accused under Sections 298 (hurting religious sentiments), 504 (intentional insult to provoke breach of peace), and 353 (assault or criminal force to deter a public servant from duty) of the IPC.
However, overturning an earlier Jharkhand High Court order, the top Court held that the statements made, while inappropriate, did not amount to religious provocation.
"The appellant is accused of hurting the religious feelings of the informant by calling him ‘Miyan-Tiyan’ and ‘Pakistani.’ Undoubtedly, the statements made are in poor taste. However, they do not amount to hurting the religious sentiments of the informant," the bench observed.
The court also noted that there was no evidence of assault or use of force to warrant charges under Section 353 of the IPC.
This ruling reinforces the principle that while offensive remarks may be socially undesirable, they do not necessarily meet the threshold for criminal prosecution under laws governing religious sentiments and public order.

Piyush Goyal Pitches India Growth Opportunities to Top Japanese Firms, Financial Majors
.png&w=256&q=75)
India, Seychelles Explore AI, Digital Systems for Sustainable Fisheries Management

Priyanka Chopra, Kareena Kapoor Pay Heartfelt Tributes to Legendary Singer Dolly Parton

Six killed, 20 injured as bus rams into halted truck in Telangana

SpaceX to Invest $100 Billion in Louisiana Spaceport, Create Over 11,100 Jobs

Six killed, 20 injured as bus rams into halted truck in Telangana

CBI books Junagadh Ayurvedic College trustee, faculty over alleged ₹10 lakh bribe offer

Why are sugar prices rising sharply in India? Explained

ED files fresh chargesheet against Partha Chatterjee in Bengal school recruitment case

Patna student protest: Why Bihar aspirants are on the streets and how it led to water cannons

Piyush Goyal Pitches India Growth Opportunities to Top Japanese Firms, Financial Majors
.png&w=256&q=75)
India, Seychelles Explore AI, Digital Systems for Sustainable Fisheries Management

Priyanka Chopra, Kareena Kapoor Pay Heartfelt Tributes to Legendary Singer Dolly Parton

Six killed, 20 injured as bus rams into halted truck in Telangana

SpaceX to Invest $100 Billion in Louisiana Spaceport, Create Over 11,100 Jobs

Six killed, 20 injured as bus rams into halted truck in Telangana

CBI books Junagadh Ayurvedic College trustee, faculty over alleged ₹10 lakh bribe offer

Why are sugar prices rising sharply in India? Explained

ED files fresh chargesheet against Partha Chatterjee in Bengal school recruitment case

Patna student protest: Why Bihar aspirants are on the streets and how it led to water cannons
Copyright© educationpost.in 2024 All Rights Reserved.
Designed and Developed by @Pyndertech