Calling somebody ‘Miyan-Tiyan’, ‘Pakistani’ is not a crime : Supreme Court

New Delhi – It could be wrong to call someone ‘miyan-tiyan’ or ‘Pakistani’; but it would not be considered a crime of hurting his religious sentiments. This clarification was made by the Supreme Court when declared a person innocent of crime under Section 298 of the Indian Penal Code (saying something with the intention to hurt the religious sentiments etc). The court said, the statement is definitely inappropriate but it does not meet the legal threshold of hurting the religious sentiments of the petitioner.

The Supreme Court gave this order while hearing an appeal against the decision of the Jharkhand High Court. This was the matter of the crime registered by the Urdu translator and acting clerk under the Right to Information (RTI) Act, at the Chas Jharkhand’s subdivisional office.

The complainant alleged that when he had personally delivered certain information to the accused, following the appellate authority’s order. The accused was initially reluctant to accept the documents, eventually did so but allegedly hurled abuses at the complainant, referencing his religion. It was further alleged that he used criminal force against the complainant with the intention of intimidating and deterring him from performing his duties as a public servant.