The Supreme Court is poised to deliberate on a contentious plea from Congress MP Shashi Tharoor this coming Monday, challenging a Delhi High Court ruling that dismissed his attempts to quash defamation proceedings linked to his provocative comment about Prime Minister Narendra Modi, likening him to “a scorpion on a Shivling.”
As the apex court reviewed Tharoor’s arguments on September 10, it issued a stay on ongoing trial court proceedings regarding this defamation case. In a notable procedural move, the court called upon both the Delhi Police and the complainant, BJP leader Rajiv Babbar, to submit their responses to Tharoor’s petition.
Scheduled for discussion on October 14, the case will be heard by a bench comprised of Justices Hrishikesh Roy and SVN Bhatti. Tharoor’s legal team is contesting the August 29 decision of the high court, which found no grounds to dismiss the defamation claim against him.
During the earlier session, Tharoor’s attorney articulated the position that neither Babbar, who brought the complaint, nor any political party affiliates could credibly claim to be aggrieved parties. The argument further suggested that Tharoor’s remarks should fall under the protective umbrella of the defamation immunity clause, which safeguards statements made with good faith from criminal liability. Highlighting context, the counsel referenced a Caravan magazine article from six years prior to Tharoor’s comments.
Displaying a hint of skepticism, the Supreme Court justices expressed bewilderment over why the statement was deemed defamatory only after a lapse of years since its original publication in 2012. Justice Roy elaborated, “Ultimately, it’s a metaphor. I am attempting to comprehend its essence, which seemingly addresses the ‘invincibility’ of the individual in question; I find it puzzling as to why this has provoked such outrage.”
In its refusal to dismiss the charges against Tharoor, the high court characterized the phrase “scorpion on Shivling” as “despicable and deplorable,” underscoring its potential to sully the reputation of not only the Prime Minister but also the BJP and its officials. After having momentarily halted the judicial processes against Tharoor on October 16, 2020, the high court subsequently vacated the stay and mandated all involved parties to appear before the trial court by September 10.
Moreover, the high court asserted that there was adequate evidence to justify Tharoor’s summons under Section 500 of the Indian Penal Code, addressing punishment for defamation. The Congress leader seeks to overturn the trial court’s 2019 directive that classified him as an accused in Babbar’s criminal defamation suit, which stirred controversy by alleging that Tharoor had hurt his religious sentiments.
In his October 2018 statement, Tharoor posited that an unidentified RSS figure had drawn a parallel between Modi and “a scorpion on a Shivling,” while also describing this comparison as an “extraordinarily striking metaphor.”
