Calling Someone ‘Miyan-Tiyan’ And ‘Pakistani’ In Poor Taste, But Not A Crime: Supreme Court

SC Acquits 80-Year-Old Man, Says ‘Miyan-Tiyan’ Remark Not a Criminal Offense

 

The Supreme Court has acquitted 80-year-old Hari Nandan Singh of all criminal charges, ruling that calling someone "Miyan-Tiyan" or "Pakistani" may be inappropriate but does not constitute a criminal offense. The Court overturned the decisions of the lower courts, emphasizing that criminal law should not be misused for personal grievances.

 

Case Background

 

The case stemmed from a 2020 incident in Bokaro, Jharkhand, where an Urdu Translator and Acting Clerk accused Singh of obstructing official duties and using communal slurs. The informant claimed Singh initially refused to accept official documents but later took them while making offensive remarks. Based on the complaint, police charged Singh under IPC Sections 353 (obstructing a public servant), 298 (hurting religious sentiments), and 504 (provoking breach of peace).

 

Singh's attempts to have the case dismissed were rejected by the Chief Judicial Magistrate, the Sessions Court, and later the Jharkhand High Court, forcing him to appeal to the Supreme Court.

 

Supreme Court’s Ruling

 

A bench of Justices B.V. Nagarathna and Satish Chandra Sharma examined the charges and ruled in Singh's favor, making the following observations:

 

No Assault or Force: There was no evidence that Singh physically obstructed the official.

 

No Intent to Hurt Religious Feelings: His words, though inappropriate, did not meet the legal threshold for criminal offense under Section 298 IPC.

 

No Public Disturbance: The remarks did not incite violence or disrupt public order.

 

 

Court’s Observation

 

The Court remarked:

"The statements made by the appellant were in poor taste and inappropriate, but they do not amount to wounding religious sentiments or causing public disturbance. Criminal law should not be used as a tool to settle personal scores."

 

Emphasizing the importance of free speech, the Court cautioned against excessive criminalization of casual remarks.

 

Final Order

 

The Supreme Court quashed all charges against Singh, setting aside the High Court’s ruling. With this judgment, the Court reaffirmed the balance between free expression and legal accountability, ensuring that the law is not weaponized for personal disputes.


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