NEW DELHI, March 4: The Supreme Court of India on Tuesday has ruled that calling someone “Miyan-Tiyan” or “Pakistani” does not amount to an offence under Section 298 of the Indian Penal Code, which pertains to “hurting religious sentiments.” This development follows the discharge of Hari Nandan Singh, who had allegedly called a government servant “Pakistani” while they were on official government duty.

Singh had been charged under Section 298 of the IPC for allegedly making derogatory remarks that hurt religious feelings. The complainant, an Urdu translator and acting clerk under the RTI Act, claimed that Singh insulted him by using the term “Pakistani” while delivering certain information. The complainant also alleged that Singh used criminal force to intimidate him and deter him from performing his duties.

The top court bench, consisting of Justices BV Nagarathna and Satish Chandra Sharma, dismissed the case, stating that while the statements made by Singh were in poor taste, they did not amount to hurting the religious sentiments of the informant. The bench emphasized that the remarks did not meet the threshold required to invoke Section 298 of the IPC.

The complainant had initially registered an FIR under several sections, including 298 (hurting religious sentiments), 504 (intentional insult), 506 (criminal intimidation), 353 (assault or criminal force to deter a public servant from duty), and 323 (voluntarily causing hurt). Singh had filed for discharge at both the Session Court and Rajasthan High Court, but his plea was rejected, leading him to approach the Supreme Court.

In its ruling, the Supreme Court decided to discharge Singh under Section 298 of the IPC, noting that although his comments were inappropriate, they did not constitute an offence under the law.