SC’s Bold Verdict: Calling Someone ‘Pakistani’—Insult, But Not a Crime?

 

💡 Did you know? Not every offensive remark can be considered a crime! The Supreme Court of India, in a landmark judgment on February 15, 2024, ruled that calling someone ‘Pakistani’ or ‘Miyan-Tiyan’ does not amount to hurting religious sentiments.

The Case That Sparked Nationwide Debate

🔎 What Happened?

• The controversy dates back to November 2020, when an 80-year-old man, Hari Nandan Singh, allegedly insulted a government official by calling him ‘Pakistani’ and ‘Miyan-Tiyan’ during a heated argument.
• The official, an Urdu Translator & Acting Clerk (RTI Division) in Bokaro, Jharkhand, had visited Singh’s residence to hand over RTI-related documents.
• Singh reportedly refused to accept the documents and engaged in a verbal spat with the official.
• The official later filed a police complaint, claiming that the words hurt his religious sentiments.

 The Legal Charges Against the 80-Year-Old

Based on the complaint, the police booked Hari Nandan Singh under multiple sections of the Indian Penal Code (IPC):

🔹 Section 298 – Hurting religious sentiments through words, gestures, or objects.
🔹 Section 323 – Voluntarily causing hurt to another person.
🔹 Section 353 – Assault or criminal force to deter a public servant from duty.
🔹 Section 504 – Intentional insult to provoke a breach of peace.
🔹 Section 506 – Criminal intimidation.

Singh challenged the charges, but both the Trial Court and the Jharkhand High Court refused to quash the proceedings. This led him to approach the Supreme Court.

Supreme Court’s Landmark Verdict

📜 What the Court Said

• After reviewing the case, the 2-judge bench of Justices BV Nagarathna and Satish Chandra Sharma dismissed all charges against the petitioner.
• The 15-page ruling stated that there was no evidence of assault, force, or intentional insult severe enough to warrant criminal charges.
• The court criticized the misuse of IPC Sections 298, 353, and 504, ruling that these did not apply in this case.

🗣️ “Insulting, but NOT a Crime” – Supreme Court’s Key Observations

• The terms ‘Pakistani’ and ‘Miyan-Tiyan’ were used in poor taste but do not amount to hurting religious sentiments.
• There was no assault or force used by Singh to attract charges under Section 353 IPC.
• Calling someone ‘Pakistani’ does not necessarily indicate a religious insult, nor does it provoke communal violence.

🔚 Final Ruling

•  The Supreme Court overturned the High Court’s ruling and quashed all criminal proceedings against Hari Nandan Singh.
•  The apex court ruled that the application of IPC Sections 298, 353, and 504 in this case was incorrect.
• Singh was fully discharged of all charges, bringing an end to the three-year-long legal battle.

 Why This Verdict is a Game-Changer!

• Blurring the Line Between Insult & Crime? The ruling raises questions about what qualifies as offensive speech in law.
• Free Speech vs. Hate Speech: Where should the line be drawn?
• A New Precedent? Will this case influence future judgments on communal slurs?

 Public Reaction & Debate

• Some argue this ruling protects free speech and prevents misuse of laws.
• Others believe it may allow more religious and communal insults without legal consequences.

💭 What’s YOUR opinion? Does this ruling safeguard free speech or expose legal loopholes?