In a significant development, the Supreme Court on Tuesday stayed proceedings in a criminal defamation complaint filed against Congress MP Shashi Tharoor. The complaint was related to a controversial comment made by Tharoor in 2018, where he compared Prime Minister Narendra Modi to a ‘scorpion sitting on a Shivling’.
The Supreme Court issued a notice on Tharoor’s petition challenging the Delhi High Court’s order dated August 29, 2024, which had refused to quash the defamation case. The Delhi High Court had ruled that Tharoor’s ‘scorpion on Shivling’ remark was indeed defamatory towards Prime Minister Modi and other members of the Bharatiya Janata Party (BJP).
The origin of the case can be traced back to November 2, 2018, when a person named Rajeev Babbar filed a criminal complaint against Shashi Tharoor. Babbar alleged that Tharoor’s statement had hurt his religious sentiments, describing it as ‘intolerable abuse’ and ‘absolute vilification’ of the beliefs of many people.
The controversial remark itself was made by Shashi Tharoor in October 2018 at the Bangalore Literature Festival. While referring to an unnamed Rashtriya Swayamsevak Sangh (RSS) leader, Tharoor used the metaphor of ‘a scorpion sitting on a Shivling’, comparing it to Prime Minister Narendra Modi. He described the metaphor as ‘extraordinarily striking’.
However, Tharoor’s legal representative, Advocate Mohammed Ali Khan, argued that his client had merely quoted from an article published in Caravan Magazine in 2012, which contained the same remark. Khan questioned how the remark could be deemed defamatory in 2018 if it wasn’t considered so in 2012.
Justice Roy of the Supreme Court, while hearing the case, responded by stating that the ‘scorpion’ remark could also be interpreted as highlighting the invincibility of the person being compared to. He further added that metaphors are open to various interpretations. Justice Roy’s observation was reported by Live Law, along with the statement, ‘I don’t know why somebody has taken objection to this.’
The Supreme Court’s decision to stay proceedings in the defamation case against Shashi Tharoor marks a significant development in the ongoing legal battle. The court’s notice on Tharoor’s petition will be returnable within four weeks, indicating a potential for further legal proceedings in this case.
