Calling someone 'Miyan-Tiyan', 'Pakistani' in poor taste, but not an offence: Supreme Court
New Delhi: The Supreme Court on Tuesday stated that calling someone ‘Miyan-Tiyan’ or branding an individual as a ‘Pakistani’ would be in poor taste but it does not amount to an offence of hurting religious sentiments.
The observation was made by a bench of Justices B.V. Nagarathna and Satish Chandra Sharma while quashing a criminal case against Hari Nandan Singh, an 80-year-old man accused of making such remarks.
The complaint was filed by Md Shamim Uddin, an Urdu translator and an acting clerk in Jharkhand. According to the complainant, when he visited the accused to furnish information about a Right To Information (RTI) application, the latter abused him by referring to his religion and used criminal force against him while he was discharging his official duties.
An FIR was lodged at Bokaro Sector-IV police station against the man for offences under Sections 298 (hurting religious sentiments), 504 (insult with intent to provoke breach of peace), and 353 (assault or criminal force to deter public servant from discharging duty) of the Indian Penal Code (IPC).
“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,” the bench said.
According to the top court, there was no act on the accused's part that could have provoked a breach of peace. It also mentioned that there was no assault or use of force by the appellant to attract Section 353 IPC.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Sujit Nair raises concerns over speculation of DMK-AIADMK understanding to block TVK
Chennai: Journalist and political commentator Sujit Nair has expressed concern over speculation that the Dravida Munnetra Kazhagam and the All India Anna Dravida Munnetra Kazhagam could explore a post-poll understanding to prevent Vijay-led Tamilaga Vettri Kazhagam from forming the government in Tamil Nadu.
In a social media post, Sujit Nair said the election verdict in Tamil Nadu reflected a clear public demand for political change and argued that the mandate should be respected irrespective of political preferences.
Referring to reports and political discussions surrounding a possible understanding between the DMK and AIADMK, he said he hoped such developments remained only speculative conversations and did not turn into reality.
Nair stated that if such an alliance were to take shape, it would raise serious questions about ideological politics in the country. He said TVK had emerged through a democratic electoral process and that the legitimacy to govern in a parliamentary democracy comes from the people’s verdict.
According to him, attempts to prevent an electoral winner from forming the government through unexpected political arrangements may be constitutionally valid, but many people could view them as politically opportunistic.
He further said that such a move could particularly affect the political image of the DMK, which has historically projected itself around ideology, social justice and opposition politics. Nair said that in ideological terms, the DMK appeared closer to TVK than to the AIADMK, and joining hands with its long-time political rival only to remain in power could weaken its broader political narrative.
He added that the same questions would apply to the AIADMK as well, as the party had spent decades positioning itself against the DMK and such an arrangement could create discomfort among its cadre and supporters.
Drawing a comparison with Maharashtra politics in 2019, Nair said he had expressed similar views when the Shiv Sena formed an alliance with the Indian National Congress and the Nationalist Congress Party after the Assembly elections.
He said post-poll alliances between long-standing political rivals often create a public perception that ideology and electoral mandates become secondary when political power equations come into play.
Nair also said such developments increase public cynicism towards politics and reinforce the belief among voters that ideology is often sidelined after elections.
He maintained that the Tamil Nadu verdict was emphatic and said respecting both the spirit and substance of the mandate was important for the credibility of democratic politics.
