New Delhi: The Supreme Court bench of Justice B V Nagarathna and Justice Satish Chandra Sharma observed on Tuesday that calling somebody ‘Miyan-Tiyan’ or Pakistani is in poor taste, but does not amount to hurting religious sentiments. The bench was hearing an appeal by a person accused of assault of a public servant, hurting religious sentiments and an act to provoke breach of peace.
The appellant’s plea had been turned by the Jharkhand High Court, after which he moved the Supreme Court. An FIR was lodged against the appellant by an Urdu translator and acting clerk of the sub-divisional office in Chas, Jharkhand. In his complaint, the translator claimed that when he went to the appellant to furnish information on an Right to Information Act query, the latter hurt his religious sentiments by calling him ‘Miyan-Tiyan’ and a Pakistani. The translator further alleged that the appellant used criminal force to prevent him from carrying out his official duties.
After hearing the matter, the bench observed: “Undoubtedly, the statements made by the Appellant are in poor taste. However, it doesn’t amount to hurting the religious sentiments.”
The Court also held that no case of criminal assault has been made out. There was no evidence to suggest use of force or assault by the appellant. Similarly, there was no act on his part that could have provoked a breach of peace, the bench held. The appellant was discharged accordingly.
