'Calling someone 'Pakistani' distasteful, but not offence', says Supreme Court

NEW DELHI: The Supreme Court held that calling a person "miyan-tiyan" and "Pakistani" cannot be considered an offense under IPC Section 298. A bench of Justice B V Nagarathna and Satish Chandra Sharma was considering a case where a government official was insulted by being referred to as ‘Pakistani’.

The Supreme Court acquitted the accused in the case registered in this regard. The Supreme Court noted that while those remarks were in poor taste, they did not meet the statutory threshold for criminal prosecution.

The complaint was filed by a government official and an Urdu translator from Jharkhand. As per the complaint, he was providing information as per RTI norms when the accused insulted him by using remarks meant to incite religious sentiments and even obstructed his official duty. The case was registered under sections 298, 504 and 353. In this, the Jharkhand High Court gave a verdict in favor of the complainant. The accused then moved the apex court to settle the case.

“Being called Pakistani and Miyan-Tiyan is distasteful. But that is not the same as offending religious sentiments. Therefore, the appellant is acquitted under Section 298 IPC"- the Supreme Court found that the appellant had no intention to disturb peace by invoking religious sentiments.