Shashi Tharoor's 'Scorpion On Shivling' Remark Not Only Defames PM Modi, But Also RSS And BJP: Delhi High Court

The Delhi High Court on Thursday held that Congress MP Shashi Tharoor's “scorpion on Shivling" remark in 2018 not only defames Prime Minister Narendra Modi but also BJP and RSS and members of the party for having accepted the leadership.

Justice Anoop Kumar Mendiratta said that the comment exemplifies that the Prime Minister Narendra Modi is unacceptable with many in the RSS establishment and compares the expression of their frustration, as dealing with a leader with the characteristics of a scorpion possessing a venomous instinct.

“The comments apparently not only defame Shri Narendra Modi but the party represented by him i.e. BJP, including RSS and the members of the party for having accepted the leadership,” the court said.

It added that the imputation against the legislative Head of a political party and the sitting Prime Minister of India has an important bearing on the image of the party, functionaries and the members of the party concerned and does not augur well to the system as it also impacts the electoral process.

The court made the observations while refusing to quash a defamation case filed by BJP leader Rajeev Babbar against Tharoor in 2018.

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".

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

Justice Mendiratta observed that the comments also obliquely hurt the Hindu sentiments.

The court said that Tharoor's statement has to be seen from the perspective as to what an ordinary person would read and understand and as to the actual message being conveyed in between the lines.

“On the face of record, “Mr. Modi” has a direct reference to the then sitting Hon‟ble Prime Minister of India in 2018, who also represents the Bharatiya Janata Party (BJP) as the legislative Head. The imputation further compares “Mr. Modi” to a “scorpion” sitting on a Shivling (manifestation of a holy phallus), which cannot be dealt in any manner, as it cannot be removed by hand or struck with a chappal (footwear),” the court said.

It added: “It is also important to notice that the comment exemplifies that Shri Narendra Modi is unacceptable with many in the RSS establishment and compares the expression of their frustration, as dealing with a leader with the characteristics of a scorpion possessing a venomous instinct. The comments apparently not only defame Shri Narendra Modi but the party represented by him i.e. BJP, including RSS and the members of the party for having accepted the leadership.“

The court further held that summoning order cannot be held to be premature merely on the ground that the newspaper reports have not been proved by summoning the relevant witness at pre-summoning stage.

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

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