Lagatar24 Desk
New Delhi: In a significant development, the Supreme Court on Tuesday stayed proceedings against Congress MP Shashi Tharoor in a defamation case over his controversial “scorpion on Shivling” remark, directed at Prime Minister Narendra Modi. The stay provides temporary relief to Tharoor as he contests the defamation charges.
A bench comprising Justice Hrishikesh Roy and Justice R Mahadevan issued a notice to the Delhi Police and BJP leader Rajiv Babbar, the complainant in the case. Tharoor had been summoned to appear before a trial court in connection with the case, following an order from the Delhi High Court.
“Issue notice returnable in four weeks. In the meantime, further proceedings in pursuance to the impugned judgement are stayed,” the bench declared, putting a temporary halt to the defamation trial.
Tharoor had approached the Supreme Court after the Delhi High Court rejected his plea to quash the defamation proceedings on August 29. The defamation case stems from comments made by Tharoor in 2018, where he cited an article from The Caravan magazine, which likened Modi to a “scorpion sitting on a Shivling,” describing it as an “extraordinarily striking metaphor.”
During the hearing, Tharoor’s lawyer, Mohammed Ali Khan, argued that the complainant, Rajiv Babbar, could not be considered an “aggrieved party” under defamation law. Khan further contended that Tharoor’s remarks were protected under the immunity clause of defamation law, which safeguards statements made in good faith.
The Supreme Court expressed surprise that the original article, published in 2012, had not drawn any objections, yet Tharoor’s reference to it sparked a defamation case years later. Justice Roy remarked, “Eventually it is a metaphor… It refers to the invincibility of the person referred to (Modi). I do not know why somebody has taken objection here.”
Earlier, the Delhi High Court had found the remarks to be “despicable and deplorable,” suggesting that they defamed not only Prime Minister Modi but also the BJP and its members. The court vacated an earlier stay on criminal proceedings and directed the parties to appear before the trial court on September 10.
Rajiv Babbar filed the criminal defamation complaint against Tharoor, claiming that the Congress leader’s comments had hurt his religious sentiments. Babbar’s complaint led to the trial court summoning Tharoor under Section 500 of the Indian Penal Code, which prescribes punishment for defamation.
Tharoor’s legal team continues to challenge the case, asserting that the defamation charges lack merit. The Supreme Court’s temporary stay offers him a brief reprieve as the case proceeds.
