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‘Let us close this': SC on 2018 defamation case against Tharoor
‘Let us close this': SC on 2018 defamation case against Tharoor

Hindustan Times

time02-08-2025

  • Politics
  • Hindustan Times

‘Let us close this': SC on 2018 defamation case against Tharoor

The Supreme Court on Friday favoured closing a criminal defamation case against Congress MP Shashi Tharoor over his 2018 'scorpion sitting on a Shivling' remark about Prime Minister Narendra Modi, as it advised the complainant not to be 'touchy' about such comments. During the Bangalore Literature Festival on October 28, 2018,Congress MP Shashi Tharoor had allegedly compared PM Modi to a scorpion, following which Bharatiya Janata Party (BJP) leader Rajiv Babbar filed a complaint against the Thiruvananthapuram MP in 2019 (PTI) 'Why do you want to be so touchy about this. Let us close this,' a bench of justices MM Sundresh and N Kotiswar Singh said, as it posted the matter for hearing on September 15. The court added: 'That way, administrators, political personalities and judges are in the same group. They are sufficiently thick-skinned.' During the Bangalore Literature Festival on October 28, 2018,Tharoor had allegedly compared Modi to a scorpion, following which Bharatiya Janata Party (BJP) leader Rajiv Babbar filed a complaint against the Thiruvananthapuram MP in claimed that the remark not only targeted the Prime Minister but also amounted to vilification of the faith of millions of devotees of Lord Shiva. He further accused Tharoor of hurting religious sentiments and disparaging the Prime Minister. Tharoor has, however, maintained that the remark was borrowed from an article published in 2012, when Modi was the chief minister of Gujarat. In his petition, Tharoor contended that Babbar's complaint was not legally maintainable as he is not an 'aggrieved person' under the law, especially since the person directly referred to in the statement had not taken any legal action. He also relied on the exception under the law on defamation that exempts any comment made in good faith. Tharoor was stated to have merely made a reference to an article published in the Caravan magazine six years prior to making the statement. Despite these arguments, however, the Delhi high court on August 29, 2024 refused to quash the defamation proceedings against him, asking him to appear before the trial court on September 10. The high court had said, prima facie, imputations like 'scorpion on Shivling' against the prime minister were 'despicable and deplorable'. The high court also said there was sufficient material before the judicial magistrate for summoning Tharoor under Section 500 (punishment for defamation) of the IPC. Tharoor challenged the order in the top court in September 2024. In the same month, the apex court stayed the trial in the criminal defamation proceedings and had sought a response from Babbar and the Delhi government. However, the hearing could not proceed as Tharoor's counsel sought an adjournment. The court further extended the stay on the trial till the next date.

'Why so touchy?': SC to BJP leader on Tharoor's 2018 'scorpion' remark
'Why so touchy?': SC to BJP leader on Tharoor's 2018 'scorpion' remark

Business Standard

time01-08-2025

  • Politics
  • Business Standard

'Why so touchy?': SC to BJP leader on Tharoor's 2018 'scorpion' remark

The Supreme Court (SC) on Friday urged Bharatiya Janata Party (BJP) leader Rajiv Babbar to consider withdrawing the defamation case filed against Congress MP Shashi Tharoor for his 2018 remark comparing Prime Minister Narendra Modi to a scorpion, Bar and Bench reported. A Bench comprising Justices M M Sundresh and N Kotiswar Singh remarked during the hearing, 'Let us close all these things. Why get so touchy about all this? This way, administrators and judges come in the same group and have thick skin.' The observation came as the court heard Tharoor's appeal challenging a Delhi High Court decision that had refused to quash the defamation proceedings. 'Remark not Tharoor's own', says counsel The controversy stems from a statement made by Tharoor at the Bangalore Literature Festival in November 2018, where he had said: 'Modi is a scorpion sitting on a Shivling.' '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 complaint stated. Tharoor has clarified that the statement was not originally his. His counsel pointed out that he was quoting former Gujarat minister Gordhan Zadaphia, whose remark had been publicly circulated years earlier, including in a 2012 Caravan magazine article. Delhi HC refused to quash proceedings In August last year, the Delhi High Court ruled that Tharoor's comment was defamatory and tarnished the image of Prime Minister Modi, the BJP, and the Rashtriya Swayamsevak Sangh (RSS). The court called the statement 'despicable and deplorable,' especially when directed at a sitting Prime Minister. Tharoor then moved the Supreme Court. In September 2024, the apex court stayed trial court proceedings. The Bench noted that the statement did not originate with Tharoor and appeared metaphorical — possibly alluding to Modi's perceived political invincibility. The judges questioned why a symbolic reference should trigger offence and issued notices to the complainant BJP leader and the Delhi government, putting the case on hold.

'Why Get So Touchy?' SC Urges BJP Leader To Close Defamation Case Against Shashi Tharoor
'Why Get So Touchy?' SC Urges BJP Leader To Close Defamation Case Against Shashi Tharoor

News18

time01-08-2025

  • Politics
  • News18

'Why Get So Touchy?' SC Urges BJP Leader To Close Defamation Case Against Shashi Tharoor

Last Updated: BJP's Rajiv Babbar had sued Tharoor after he allegedly compared Prime Minister Narendra Modi to a scorpion The Supreme Court on Friday urged a Bharatiya Janata Party (BJP) leader to close a defamation case against Congress MP Shashi Tharoor. A bench of Justices MM Sundresh and N Kotiswar Singh was hearing a plea by Tharoor against a Delhi High Court's order refusing to quash the case against him. BJP's Rajiv Babbar had sued Tharoor after he allegedly compared Prime Minister Narendra Modi to a scorpion. 'Let us close all these things. Why to get so touchy about all this? This way, administrators and judges come in the same group and have thick skin," the bench remarked, as reported by Bar & Bench. After Babbar's defamation case, Tharoor got a summon from a trial court in Delhi. In 2018, the senior Congress leader allegedly said that 'PM Modi is a scorpion sitting on a Shivling" during the Bangalore Literature Festival. However, Tharoor said it was not his original statement and that he was merely quoting another person, Gordhan Zadaphia, and that statement has been in public domain for the last several years. While refusing to quash the case, the Delhi High Court said that the 'imputations against a sitting Prime Minister are despicable and deplorable." The High Court also noted that Tharoor's remarks amounted to defaming PM Modi, Bharatiya Janata Party (BJP) and the Rashtriya Swayamsevak Sangh (RSS). Tharoor then approached the Supreme Court for relief. Last year, the Supreme Court stayed the trial court proceedings against Tharoor and said it was unclear as to why someone had taken objection to Tharoor's remark since it seemed more like a metaphor and seemed to allude to the invincibility of PM Modi, Bar & Bench reported. The apex court noted that Tharoor's remark was not his original statement and it was said by someone in an online article. It also observed that it seemed more like a metaphor and seemed to allude to PM Modi's invincibility. view comments Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.

Why be touchy? SC asks to close defamation case against Shashi Tharoor over 'scorpion' remark on PM Modi- What top court said
Why be touchy? SC asks to close defamation case against Shashi Tharoor over 'scorpion' remark on PM Modi- What top court said

Time of India

time01-08-2025

  • Politics
  • Time of India

Why be touchy? SC asks to close defamation case against Shashi Tharoor over 'scorpion' remark on PM Modi- What top court said

New Delhi: The Supreme Court on Friday said that the criminal defamation case against Congress MP Shashi Tharoor regarding his "scorpion sitting on a Shivling" comment about Prime Minister Narendra Modi in 2018 should be closed, Live Law reported. A bench, comprising Justices MM Sundresh and NK Singh, heard the matter and, commenting on the case, called it "non-miscellaneous day." While Tharoor's counsel requested an adjournment, the complainant's advocate (BJP leader Rajeev Babbar) sought a non-miscellaneous day hearing, as per Live Law. Justice Sundresh remarked: "What non-miscellaneous day? Let us close this. Why do you want to be touchy about all this? Let us close all this. That way, administrators, political personalities and judges form the same group, they have sufficiently thicker skin. Don't worry." Senior Advocate Pinky Anand responded that the matter will have to be heard anyway. Agreeing to this, the Court listed the matter to be heard on some other day. The interim order granted last year will continue. In September 10 last year, Justices Hrishikesh Roy and R Mahadevan had suspended proceedings in Tharoor's challenge to the Delhi High Court's August 29 order, which had dismissed his plea to quash the defamation case. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like No annual fees for life UnionBank Credit Card Apply Now Undo Tharoor's defence noted that he had quoted from a 2012 Caravan magazine article containing an unnamed RSS leader's alleged comparison of Modi. The statement was repeated at the 2018 Bangalore Literature Festival. The counsel questioned how the remark could become defamatory in 2018 when it wasn't in 2012, noting that neither the magazine nor the original speaker were named in the complaint. Babbar's complaint alleged that Tharoor's statement offended religious sentiments, describing it as "intolerable abuse" and "absolute vilification" of millions' faith. The complainant stated: "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 Delhi High Court's Justice Anoop Kumar Mendiratta observed that the comment suggested PM Modi's unacceptability within the RSS establishment. The court determined that the remarks defamed not only Modi but also the BJP, RSS, and party members who accepted his leadership, noting its impact on the party's image and the electoral process.

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