Delhi High Court Refuses To Quash Defamation Case Against Shashi Tharoor Over 'Scorpion' Remark Against PM Modi, Vacates Interim Stay

The Delhi High Court on Thursday refused to quash the defamation case filed against Congress MP Shashi Tharoor over his alleged "scorpion on Shivling" remark against Prime Minister Narendra Modi.

Justice Anoop Kumar Mendiratta dismissed Tharoor's plea challenging the trial court order passed on April 27, 2019, summoning him in the case, as well as the complaint which was filed by BJP leader Rajeev Babbar in 2018.

The criminal proceedings in the case were stayed by a coordinate bench on October 16, 2020. Today, Justice Mendiratta vacated the interim order and directed the parties to appear before the trial court on September 10.

The court said that no grounds for quashing of the proceedings are made out at this stage and that it will be expedient in the interest of justice that the proceedings be permitted to continue before the trial court.

It added that defence, if any, be need to be considered on the basis of evidence by the trial court.

Babbar had claimed that his religious sentiments were hurt by the comments made by Tharoor.

In October 2018, Tharoor had claimed that an unnamed RSS leader had allegedly compared Prime Minister Modi to "a scorpion sitting on a Shivling". He termed it an "extraordinarily striking metaphor".

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

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."

"The complainant's religious sentiments were hurt and the accused deliberately did this malicious act, intending to outrage the religious feelings of Lord Shiva devotees by insulting their religious belief," the complaint had claimed.

Babbar had also described Tharoor's statement as "intolerable abuse" and "absolute vilification" of the faith of millions of people.

The complaint was filed under sections 499 (defamation) and 500 (punishment for defamation) of the Indian Penal Code, 1860.

Title: Shashi Tharoor v. State

Citation: 2024 LiveLaw (Del) 950