The Supreme Court of India
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New Delhi: The Supreme Court has said describing a man "Miyan-Tiyan" and branding him a "Pakistani" would be in poor taste but it would not amount to an offence of hurting his religious sentiments.
A bench of Justices B V Nagarathna and Satish Chandra Sharma discharged appellant Hari Nandan Singh in a criminal proceedings upon lodging of an FIR by an Urdu translator and acting clerk (Right to Information) in the Sub-Divisional Office, Chas.
The complainant, upon instructions, went to the residence to the appellant on November 18, 2020 to furnish him information where the accused allegedly abused him by referring to his religion and used criminal force against him while he was discharging his official duties.
An FIR was lodged at Bokaro Sector-IV police station and subsequently a charge sheet was filed. The Magistrate ordered to frame charges against the appellant under Sections 353, 298, and 504 of the IPC. The Jharkhand High Court dismissed his plea for quashing the proceedings.
Questioning the validity of the High Court's order, his counsel contended if ingredients of the offences alleged were juxtaposed with the relevant portions of the complaint, it was easily discernible that no offence whatsoever has been made out in the case.
He said the magistrate ought to have allowed the application seeking discharge and closed the proceedings. The High Court was also not right in sustaining the order and dismissing his plea. The counsel also said the appellant is presently aged about 80 years and at this stage of his life, he has been forced to face this criminal proceeding.
Having examined the materials, the bench also said, "We do not find that any ingredients of the offences alleged as against the appellant herein find place in FIR registered as against him."
The essential ingredients of the offences alleged against the appellant under Sections 353, 298, and 504 IPC were not made out, the court said.
It also noted, evidently, there was no assault or use of force by the appellant to attract Section 353 IPC.
The court felt the High Court ought to have allowed the plea by the appellant.
"Further, the appellant is accused of hurting the religious feelings of the informant by calling him “Miyan-Tiyan” and “Pakistani.” Undoubtedly, the statements made are poor taste. However, it does not amount to hurting the religious sentiments of the informant," the bench said.
The court also said there was no act on his part which could have provoked a breach of peace.