SC extends stay on proceedings against Shashi Tharoor in defamation case

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Asking the complainant's lawyer "why be so touchy", the Supreme Court on Friday extended the stay on trial court proceedings against Congress MP Shashi Tharoor in a defamation case filed for his alleged "scorpion on Shivling" remark targeting Prime Minister Narendra Modi.

A bench of Justices M M Sundresh and N Kotiswar Singh passed the order after adjourning the matter on the request of Tharoor's lawyer.

The lawyer appearing for the complainant, BJP leader Rajeev Babbar, sought a hearing on a non-miscellaneous day.

"What non-miscellaneous day? Why do you want to be so touchy about all this? Let us close all this," the bench said, as it posted the matter for hearing on September 15.

Tharoor moved the top court against the Delhi High Court's August 29, 2024, order, which refused to quash the defamation proceedings against him, asking him to appear before the trial court on September 10.

Tharoor's counsel previously argued that neither the complainant nor the members of the political party could be called an aggrieved party.

The counsel also said that Tharoor's comment was protected under the immunity clause of the defamation law, which stipulates that any statement made in "good faith" is not criminal.

Tharoor was stated to have merely made a reference to an article published in the Caravan magazine six years prior to making the statement.

The top court had expressed surprise that in 2012, when the article was originally published, the statement was not deemed defamatory.

"Eventually, it is a metaphor. I have tried to understand. It refers to the invincibility of the person referred to (Modi). I do not know why somebody has taken objection here," Justice Roy had said earlier.

While refusing to quash the proceedings against Tharoor, the high court had said, prima facie, imputations like "scorpion on Shivling" against the prime minister were "despicable and deplorable".

It said that prima facie, the remark defamed the prime minister, the BJP as well as its office-bearers and members.

The high court also said there was sufficient material before the judicial magistrate for summoning Tharoor under Section 500 (punishment for defamation) of the IPC.

The complainant alleged that his religious sentiments were hurt by the Congress leader's remark.

In October 2018, Tharoor reportedly claimed that an unnamed RSS leader had compared Modi to "a scorpion sitting on a Shivling".

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