The Supreme Court has said that calling a Muslim “Miyan-Tiyan” and “Pakistani” is in poor taste but does not amount to the offence of hurting religious sentiments as it discharged a person accused of intimidating a public servant and hurting his religious sentiments.

Justice B V Nagarathna, heading a bench also comprising Justice Satish Chandra Sharma in a recent (February 11, 2025) judgment, said, “… The appellant is accused of hurting the religious feelings of the informant by calling him ‘Miyan-Tiyan’ and ‘Pakistani’. Undoubtedly, the statements made are in poor taste. However, it does not amount to hurting the religious sentiments of the informant. Hence, we are of the opinion that the appellant shall also be discharged under Section 298 IPC.”

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Having let-off the appellant – one Hari Nandan Singh – of the charge of allegedly hurting religious feelings, the top court also discharged him of the charge of allegedly intimidating the public servant, observing, “We find that the appellant cannot be charged under Section 504 IPC, as there was no act on his part that could have provoked a breach of peace and accordingly, deserves to be discharged under Section 504 IPC as well.”

The appellant Hari Nandan Singh approached the top court against the August 28, 2023, Jharkhand High Court order refusing to interfere with the July 6, 2021, orders passed by the Chief Judicial Magistrate, Bokaro, and the March 24, 2022, order passed by First Class, Judicial Magistrate, Bokaro.

The top court set aside the orders of the Jharkhand High Court.

An FIR was lodged in Bokaro by the complainant, who was posted as an Urdu Translator and Acting Clerk (Right to Information), in the Sub-Divisional Office, Chas. The complainant alleged that Hari Nandan Singh had sought certain information from the Additional Collector-cum-First Appellate Authority, Bokaro, and the said information was dispatched to him.

However, the appellant (Hari Nandan Singh) subsequently filed an appeal before the Additional Collector-cum-First Appellate Authority, allegedly after manipulating the documents sent to him by the office through registered post and making false allegations of manipulation in the documents.

In light of the order passed by the Sub-Divisional Officer-cum-Public Information Officer, Chas, the Additional Collector-cum-First Appellate Authority directed the informant (Urdu Translator and Acting Clerk (RTI) to personally serve the information to Hari Nandan Singh. Consequently, on November 11, 2020, around 01:20 pm, the informant (Urdu Translator and Acting Clerk (RTI), accompanied by a messenger of the Sub-Divisional Office, Chas, visited the appellant’s residence to hand over the information.

Initially Hari Nandan Singh refused to accept the documents but, upon insistence by the informant (Urdu Translator and Acting Clerk (RTI), eventually accepted them.

However, Hari Nandan Singh allegedly abused the informant (Urdu Translator and Acting Clerk (RTI) by referring to his religion and used criminal force against him while he was discharging his official duties, with the alleged intention of intimidating and deterring him from performing his duties as a public servant.

The informant reported the incident to the Sub-Divisional Officer, Chas, who, upon oral direction, instructed the lodging of the FIR against Hari Nandan Singh. After completing the investigation, the police submitted a charge sheet against Hari Nandan Singh for offences punishable under Sections 298, 504, 506, 353, and 323 of the Indian Penal Code.