Supreme Court
The Supreme Court has spoken important about remarks related to the Muslim community. The apex court said that it may not be good to hear someone to call someone ‘Mian-Tian’ or ‘Pakistani’, but in such a case, a crime does not occur like hurting religious sentiments under Section 298 of the Indian Penal Code (IPC). The Supreme Court has made this comment in one of its decisions. The apex court, under this provision, convicted an accused, said that the remarks were inappropriate, although it was unfair, but does not meet the legal obligation required to prosecute criminal prosecution.
What is the charge in the case?
The bench of Justice Biwi Nagratna and Justice Satish Chandra Sharma gave the verdict on 11 February. The accused was accused of calling a government employee ‘Pakistani’, while he was discharging his official duties.
The case was related to the FIR lodged by an Urdu translator and acting clerk (Right to Information) in the sub-departmental office, Chas. The complainant alleged that when he went to meet the appellant to give information about the RTI application, the accused abused him citing his religion. Also used criminal force to prevent discharge of official duties.
The translator then lodged an FIR against the accused. After investigation, the lower court also ordered the accused to frame charges against the accused under Section 353 (using public servant or usage of criminal force) and 504 (deliberate insult).
Supreme Court free the person from all three allegations
The Jharkhand High Court dismissed the petition of the accused requested to cancel the proceedings. Hearing the petition of the person against the High Court order, the bench of the Supreme Court deliberately relieved him from the crime of insulting and said that apart from Section 353, “no such task was done by his behalf, which could disturb peace.” The court said, “We reject the High Court order, in which the lower court order was retained. We accept the application filed by the appellant and free the appellant from the three allegations against him. ”
What did the Supreme Court say in its judgment?
The Supreme Court ruled that there is no evidence of attack or use of force to maintain the charge under Section 353 of the Indian Penal Code. The court said that it would be wrong to call a person ‘Mian-Tian’ and ‘Pakistani’, but this would not be considered a crime to hurt his religious sentiments. The court freed a person from the charge under Section 298 of the Indian Penal Code (speaking words etc. with the intention of deliberately hurting religious sentiments etc.). (With language inputs)
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(Tagstotranslate) Calling someone miyan-tiyan
