The Supreme Court of India is set to review a plea by Congress MP Shashi Tharoor on Monday, challenging a previous decision by the Delhi High Court. The High Court had denied Tharoor’s request to dismiss the defamation proceedings related to his controversial “scorpion on Shivling” remark, which was directed at Prime Minister Narendra Modi.
In 2018, during a literary festival, Tharoor referred to an article published in ‘Caravan’ magazine, citing an unnamed RSS leader who allegedly compared PM Modi with “a scorpion sitting on a Shivling.” Tharoor described this analogy as an “extraordinarily striking metaphor,” which he claimed highlighted the invincibility of Modi.
The defamation case was initiated by BJP leader Rajiv Babbar, who argued that Tharoor’s comments were derogatory to the Prime Minister and hurt the religious sentiments of the party’s followers. The Delhi High Court had previously put a hold on the criminal proceedings in October 2020 but lifted this stay recently, insisting the trial proceed.
During the preliminary Supreme Court hearing on September 10, Tharoor’s legal team contended that the statements were made in good faith and claimed immunity under defamation law provisions. They argued that neither the complainant nor the members of the political party could be considered directly aggrieved parties.
Justice Hrishikesh Roy, one of the presiding justices, noted the uniqueness of the metaphor used and expressed curiosity about the objection to the reference, which had not been deemed defamatory when first published in 2012.
Despite Tharoor’s arguments, the High Court maintained that the expression used was “despicable and deplorable,” finding it defamatory towards the Prime Minister, the BJP, and its members and office-bearers. As a result, Tharoor was summoned under section 500 of the Indian Penal Code, which addresses punishment for defamation.
