The Indian Supreme Court (SC) has ruled that calling a citizen "Pakistani" or "Miyan-Tiyan" (racial slurs) is not a criminal offense and does not hurt religious sentiments. It said the terms might be "poor in taste" but cannot be penalised. The ruling came against an 80-year-old man - Hari Nandan Singh - accused of making such remarks. 

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“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,” a bench comprising justices BV Nagarathna and Satish Chandra Sharma said. 

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The case came after a first information report (FIR) registered in the Indian state of Jharkhand. Md Shamim Uddin, an Urdu translator and acting clerk, lodged the complaint against Singh. Shamim Uddin alleged that Singh insulted him using communal slurs and exerted criminal force against him while he was performing his official duties.

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The case was registered against Singh under Sections 298 (hurting religious sentiments), 504 (intentional insult to provoke breach of peace), 506 (criminal intimidation), 353 (assault to deter public servant from duty), and 323 (voluntarily causing hurt) of the IPC. 

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The case unfolded in July 2021.  

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In its judgement delivered on February 11, although released recently, the SC cited its decision in Sajjan Kumar Vs CBI (2010), which lays down principles for determining the sufficiency of material for framing charges.

The court said remarks by Singh were inappropriate but not meet the legal threshold required to establish an offence under Section 298 IPC (hurting religious feelings). 

(With inputs from agencies)