NEW DELHI: Holding that calling someone “miyan-tiyan” and “Pakistani” did not amount to hurting religious sentiments, the Supreme Court has let off a Jharkhand man charged with the offence even as it said using such expressions was in poor taste.
“Undoubtedly, the statements made are (in) poor taste. However, it does not amount to hurting the religious sentiments of the informant. Hence, we are of the opinion that the appellant shall also be discharged under Section 298 IPC (uttering words, etc., with deliberate intent to wound religious feelings),” a Bench led by Justice BV Nagarathna said, discharging accused Hari Nandan Singh.
“Additionally, we find that the appellant cannot be charged under Section 504 IPC (Intentional insult with intent to provoke breach of the peace), as there was no act on his part that could have provoked a breach of peace and accordingly, deserves to be discharged under Section 504 IPC as well,” said the Bench which also included Justice SC Sharma.
Singh had sought information under the RTI Act from the additional collector-cum-first appellate authority, Bokaro, and the information was dispatched to him. However, he filed an appeal before the appellate authority, allegedly after manipulating the documents sent to him by the office through a registered post and making false allegations of manipulation in the documents. The appellate authority directed the Urdu translator to personally serve the information to Singh.
On November 18, 2020, the Urdu Translator, accompanied by the messenger of the sub-divisional office, Chas, went to Singh’s home to hand over the information.
The accused initially refused to accept the documents but upon insistence by the complainant (Urdu translator, accepted the same. Accusing Singh of abusing him by referring to his faith and using criminal force against him, the Urdu translator lodged an FIR against Singh.
The trial court ordered framing of charges against Singh under Sections 353 (assault or criminal force on a public servant) and 504 (intentional insult) of the IPC. The Jharkhand High Court dismissed Singh’s petition seeking quashing of the criminal proceedings.
However, the top court discharged him of the offence of intentional insult, saying “no act on his part that could have provoked breach of peace” apart from Section 353 IPC (Assault or criminal force to deter public servant from discharge of his duty).
“We set aside the order of the high court which has sustained the order of the trial court and consequently allow the application filed by the appellant (Singh) and discharge the appellant from all the three offences alleged against him,” the top court said in its February 11 order.