Call someone “Pakistani” or “Miya”, no criminal offense, do not harm religious feelings: Indian SC

The Indian Supreme Court (SC) has decided that it is not a criminal offense to describe a citizen “Pakistani” or “Miya Titan” (racist fault) and not to impair religious feelings. It is said that the conditions could be “poor in taste” but cannot be punished. The verdict came against an 80-year-old man who was accused of making such comments.

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“The complainant is accused of having violated the informant's religious feelings by calling him 'Miyan-Tiyan' and 'Pakistani'. Undoubtedly, those made that have been made are a bad taste. However, it does not mean to violate the informant's religious feelings, ”said a bank that includes Nagarathna and Satish Chandra Sharma.

Also read: Supreme Court

The case came after a first information report (FIR) in the Indian state of Jharkhand. MD Shamim Uddin, an Urdu translator and reigning employee, hired the complaint against Singh. Shamim Uddin claimed that Singh insulted him with municipal pollution and exerted criminal power against him while fulfilling his official duties.

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The case was entered against Singh in accordance with sections 298 (hurtful religious feelings), 504 (intentional insult to provoke the peace violation), 506 (criminal intimidation), 353 (attack to prevent the public servant from duty) and 323 (voluntarily cause injuries) of the IPC.

The case developed in July 2021.

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In its judgment on February 11, although recently published, the SC quoted its decision in Sajjan Kumar against CBI (2010), the principles for determining sufficient material for Framing fees.

The court said that Singh's comments were inappropriate, but did not meet the legal threshold in order to establish a crime in accordance with Section 298 IPC (violations of religious feelings).

(With entries from agencies)