Calling someone ‘Pakistani’, 'Miyan-Tiyan' is in poor taste but not an offence: SC

The Supreme Court ruled on Tuesday (March 4) that addressing someone as ‘Miyan-Tiyan’ or ‘Pakistani’ is in poor taste but it did not amount to the offence of hurting religious sentiments.

Justices BV Nagarathna and Satish Chandra Sharma made the observation while closing a case against a Hindu man accused of calling a Muslim government servant 'Pakistani'.

"The appellant is accused of hurting the religious feelings of the informant by calling him 'Miyan-Tiyan' and 'Pakistani',” the judges said.

“Undoubtedly, the statements made are in poor taste. However, it does not amount to hurting the religious sentiments of the informant," added the judges.

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The incident

The complainant, an Urdu translator and an acting clerk in Jharkhand, visited the accused, Hari Nandan Singh, to provide him information about a Right to Information (RTI) application.

Singh was accused of abusing the officer by referring to his religion and using criminal force to prevent the discharge of his official duties.

This triggered a police complaint against Singh, who was accused of hurting religious sentiments, causing insult with intent to provoke breach of peace and resorting to criminal force to deter a public servant from discharging duty.

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SC closes case

Turning down an order by the Jharkhand High Court, the apex court maintained that there was no act on the accused's part that could have provoked a breach of peace. It closed the case against Singh.

The top court also ruled that there was no evidence of assault or use of force to sustain the charge. The judges said the high court had erred in not discharging the accused under this provision.