Remarks against PM Modi: SC to consider hearing Cong leader Tharoors’ plea in defamation case

PTI, Sep 9, 2024, 7:34 PM IST

New Delhi: The Supreme Court has agreed to consider listing on Tuesday a plea of Congress MP Shashi Tharoor against a Delhi High Court verdict that refused to quash the defamation proceedings against him on a complaint lodged over his alleged “scorpion on Shivling” remarks targeting Prime Minister Narendra Modi.

A top court bench headed by Chief Justice D Y Chandrachud, which held the proceedings till 6 pm on Monday as against the usual 4 pm, was requested by a lawyer that Tharoor’s plea be heard on Tuesday or else, he will have to appear in a Delhi court in connection with a private defamation complaint the same day.

“This is urgent. We seek the listing tomorrow. The case (of Tharoor) was quashed by the Delhi High Court,” the lawyer said.

“Just circulate an email. I will look into it just now,” the CJI said.

The Delhi High Court refused to quash the defamation proceedings against Tharoor on August 29.

It had said prima facie, imputations like “scorpion on Shivling” against the prime minister were “despicable and deplorable”.

The high court had said prima facie, the remarks defamed the prime minister, the ruling BJP as well as its office-bearers and members.

Dismissing Tharoor’s petition seeking quashing of the defamation proceedings pending before a trial court, the high court had said there were sufficient material before the judicial magistrate for summoning him under section 500 (punishment for defamation) of the Indian Penal Code (IPC).

The high court, which had on October 16, 2020 stayed the criminal proceedings against the Congress MP from Thiruvananthapuram in Kerala in the defamation complaint, vacated the interim order and directed the parties to appear before the trial court on Tuesday (September 10).

“No grounds are made out for quashing the proceedings at this stage under section 482, CrPC. It is expedient in the interest of justice to permit the proceedings before the trial court to continue.

“The defence, if any, that the defamatory imputations were covered by the exceptions to section 499, IPC needs to be considered on the basis of evidence in the trial. Interim orders are hereby vacated,” the high court had said.

The high court had added that it cannot be ignored that the imputation against the legislative head of a political party and the prime minister of India has an important bearing on the image of the party, its functionaries and members concerned, and does not augur well for the system as it also impacts the electoral process.

“Prima facie, the imputations against a sitting prime minister are despicable and deplorable and apart from defaming Shri Narendra Modi, Honourable Prime Minister of India, also defame the Bharatiya Janata Party as well its office-bearers and members,” it had said.

The high court had said since the complaint was filed by Delhi BJP vice-president Rajiv Babbar, the complainant falls within the ambit of “some person aggrieved” under section 199 of the Code of Criminal Procedure (CrPC).

The objection raised by Tharoor that the complainant had no reason to feel hurt by the imputation as it was not targeted towards the members of the BJP and was made in good faith is a matter to be determined during the course of the trial, it had said.

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

The criminal complaint was filed against Tharoor in the trial court by Babbar, who claimed that his religious sentiments were hurt by the Congress leader’s statement.

In October 2018, Tharoor had claimed that an unnamed Rashtriya Swayamsevak Sangh (RSS) leader had compared Modi to “a scorpion sitting on a Shivling”. The Congress leader had said it was an “extraordinarily striking metaphor”.

Tharoor was granted bail in the case by the trial court in June 2019.

The complainant had said, “I am a devotee of Lord Shiva…. However, the accused (Tharoor) completely disregarded the sentiments of crores of Shiva devotees (and) made the statement, which hurt the sentiments of all Lord Shiva devotees, both in India and outside the country.” In its verdict, the high court had further said it was of the opinion that the BJP is a determinate and identifiable body and the complaint for defamation under section 500 of the IPC was maintainable.

It may further be observed that if a well-defined class is defamed, each and every member of that class can maintain a complaint, the court had held.

It had said the propagation of the original comments in the manner done by Tharoor amounted to defamation, considering the text and the relevant period during which the defamatory imputation was made by modifications and additions.

“The contention raised on behalf of the petitioner that the present complaint is not maintainable since no proceedings were initiated either against the concerned RSS worker or the … magazine is without any merit since the imputations have been admittedly made by the petitioner in 2018, while the original quote as made in 2012 may not be of the same significance as then, Shri Narendra Modi did not hold the same position,” the high court had said.

It had further said that the comments also “obliquely hurt the Hindu sentiments”.