Remarks against PM Modi: Supreme Court stays defamation case against Shashi Tharoor

Shashi Tharoor. File Pic

The Supreme Court on Tuesday stayed proceedings before a trial court against Congress MP Shashi Tharoor in a defamation case lodged against him for his alleged "scorpion on Shivling" remarks targeting Prime Minister Narendra Modi, reported PTI.

A bench of Justices Hrishikesh Roy and R Mahadevan issued notice to the Delhi government and the complainant in the defamation case, reported PTI.

The notice is returnable in four weeks.

Tharoor has moved the top court against Delhi High Court order which refused to quash defamation proceedings against him on August 29.

The Congress leader had sought setting aside of the trial court's April 27, 2019 order summoning him as an accused in the criminal defamation complaint filed by Rajiv Babbar as also the November 2, 2018 complaint, reported PTI.

The criminal complaint was filed against Tharoor in the trial court by Babbar, who claimed that his religious sentiments were hurt by the Congress leader's remarks against PM Modi.

In October 2018, Tharoor had claimed that an unnamed Rashtriya Swayamsevak Sangh (RSS) leader had compared PM Modi to "a scorpion sitting on a Shivling".

The Congress leader had said it was an "extraordinarily striking metaphor".

Delhi High Court refused to quash the defamation proceedings

The Supreme Court has agreed to consider listing on Tuesday a plea of Congress MP Shashi Tharoor against a Delhi High Court verdict that refused to quash the defamation proceedings against him on a complaint lodged over his alleged remarks against PM Modi.

The Delhi High Court refused to quash the defamation proceedings against Tharoor on August 29, reported PTI.

It had said prima facie, imputations like "scorpion on Shivling" against the prime minister were "despicable and deplorable", reported PTI.

The high court had said prima facie, the remarks defamed the prime minister, the ruling BJP as well as its office-bearers and members.

Dismissing Tharoor's petition seeking quashing of the defamation proceedings pending before a trial court, the high court had said there were sufficient material before the judicial magistrate for summoning him under section 500 (punishment for defamation) of the Indian Penal Code (IPC).

The high court, which had on October 16, 2020 stayed the criminal proceedings against the Congress MP from Thiruvananthapuram in Kerala in the defamation complaint, vacated the interim order and directed the parties to appear before the trial court on Tuesday (September 10), reported PTI.

"No grounds are made out for quashing the proceedings at this stage under section 482, CrPC. It is expedient in the interest of justice to permit the proceedings before the trial court to continue. The defence, if any, that the defamatory imputations were covered by the exceptions to section 499, IPC needs to be considered on the basis of evidence in the trial. Interim orders are hereby vacated," the high court had said, reported PTI.

The high court had added that it cannot be ignored that the imputation against the legislative head of a political party and the prime minister of India has an important bearing on the image of the party, its functionaries and members concerned, and does not augur well for the system as it also impacts the electoral process, reported PTI.

"Prima facie, the imputations against a sitting prime minister are despicable and deplorable and apart from defaming Shri Narendra Modi, Honourable Prime Minister of India, also defame the Bharatiya Janata Party as well its office-bearers and members," it had said, reported PTI.

The high court had said since the complaint was filed by Delhi BJP vice-president Rajiv Babbar, the complainant falls within the ambit of "some person aggrieved" under section 199 of the Code of Criminal Procedure (CrPC), reported PTI.

The objection raised by Tharoor that the complainant had no reason to feel hurt by the imputation as it was not targeted towards the members of the BJP and was made in good faith is a matter to be determined during the course of the trial, it had said.

Tharoor had sought setting aside of the trial court's April 27, 2019 order summoning him as an accused in the criminal defamation complaint filed by Babbar as also the November 2, 2018 complaint.

In October 2018, Tharoor had claimed that an unnamed Rashtriya Swayamsevak Sangh (RSS) leader had compared PM Modi to "a scorpion sitting on a Shivling". The Congress leader had said it was an "extraordinarily striking metaphor", reported PTI.

Tharoor was granted bail in the case by the trial court in June 2019.

(With inputs from PTI)