Congress MP Shashi Tharoor
Credit: PTI Photo
New Delhi: The Supreme Court on Tuesday stayed the proceedings against Congress M P Shashi Tharoor in a defamation case with respect to his alleged 2018 statement comparing Prime Minister Narendra Modi with a scorpion.
A bench of Justices Hrishikesh Roy and R Mahadevan issued notice to complainant BJP leader, Rajiv Babbar, seeking his response within four weeks.
The bench observed, "The remark was a metaphor, which is good enough to substitute thousand words...If the metaphor is understood in the manner we understand it, we don't know why somebody has taken offence."
Tharoor was to appear before the trial court here on Tuesday, September 10.
The court passed its order on a special leave petition filed by Tharoor against the Delhi High Court's August 9, 2024 judgment that rejected his request to dismiss the criminal defamation case.
Advocate Mahammed Ali Khan, appearing for Tharoor, contended the statement made by him would fall within exception clause 8 and 9 of Section 499 of IPC as the remark can be considered to have been made in good faith.
He also contended the member of a political party cannot be said to be an aggrieved person.
The bench noted the "extraordinarily striking metaphor" made by the petitioner was perceived as defamatory.
The petitioner also said his remarks made on October 28, 2018 were based on the statement made on March 1, 2012 in a magazine.
The senior Congress leader had allegedly made the statement at the Bengaluru Literature Festival, that "Mr Modi is a scorpion sitting on a Shivling."
The Delhi High Court rejected his plea for quashing the proceedings and has directed him to appear before the trial court on September 10.
"There are no justifiable reasons to dismiss the proceedings at this stage," the HC said.
Tharoor, on his part, contended that he was merely echoing a quote from Gordhan Zadaphia, which has been publicly available for several years.
He claimed the comments were not his own opinions but a repetition of an existing statement.
Thus, the complainant lacked standing under Section 499 (Defamation) of the IPC (Indian Penal Code) to file the case.