Remarks against PM Modi: SC stays criminal defamation proceedings against Shashi Tharoor

Terming the 'Scorpion on Shivling' remark of Congress leader Shashi Tharoor against Prime Minister Narendra Modi a metaphor, the Supreme Court on Tuesday stayed criminal defamation proceedings against the Thiruvananthapuram MP.

“It’s a metaphor… Why should somebody object?” a Bench led by Justice Hrishikesh Roy said while staying a Delhi High Court verdict refusing to quash defamation proceedings against him on a complaint over his alleged “scorpion on Shivling” remarks against the Prime Minister.

It also issued notice to the complainant - Delhi BJP vice-president Rajiv Babbar on Tharoor’s petition challenging the high court’s order.

The order came after Tharoor’s counsel submitted that the Congress leader had only quoted from a 2012 article in the Caravan Magazine that contained the alleged remark attributed to an unnamed RSS leader comparing Modi to “a scorpion sitting on a Shivling”.

In its August 29 order, the high court had vacated its October 16, 2020 order staying the criminal proceedings against the Thiruvananthapuram MP in the case and directed the parties to appear before the trial court on September 10.

Following Tuesday’s top court order, Tharoor need not appear before the trial court on Tuesday.

While refusing to quash the defamation proceedings against Tharoor, the Delhi High Court said prima facie, imputations like “scorpion on Shivling” against the Prime Minister were “despicable and deplorable”.

It said prima facie, the remarks defamed the Prime Minister, the ruling Bharatiya Janata Party (BJP) as well as its office-bearers and members.

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