‘Scorpion on the Shivling’ case: SC extends stay on defamation proceedings against Shashi Tharoor

The court allowed Additional Solicitor General Raja Thakare, appearing for the NCT of Delhi, to file a response or a synopsis in the case.

A Supreme Court Bench headed by Justice Hrishikesh Roy on Monday (October 14, 2024) extended the stay granted on September 9 on criminal defamation proceedings initiated against Congress MP Shashi Tharoor in connection with his reference to “scorpion sitting on a Shivling” in connection with Prime Minister Narendra Modi.

The court allowed Additional Solicitor General Raja Thakare, appearing for the NCT of Delhi, to file a response or a synopsis in the case.

The court also allowed the lawyer appearing for the complainant to file his vakalatnama before adjourning the case.

Also read | Fact check: Did Shashi Tharoor compare Narendra Modi to a scorpion on a Shivling?

In the previous hearing, the court had orally observed whether a metaphor suggesting “invincibility’”, could be found objectionable.

“Eventually, it [scorpion sitting on a Shivling] is a metaphor… The metaphor may refer to the invincibility of the person who is being spoken about… ‘Scorpion on a Shivling’ - can the metaphor not be understood as something pointing to the invincibility of the person? A metaphor is a figure of speech… A metaphor is capable of telling the truth or the view of the author of the metaphor by occupying the least space… Like a picture can take the place of 1000 words, if good enough a metaphor can substitute 1000 words… Don’t know why somebody has taken objection here,” Justice Roy had observed.

The apex court Bench had spared Mr. Tharoor from appearing before a trial court on September 10.

The defamation case is based on a complaint filed by BJP leader Rajiv Babbar against Mr. Tharoor in November 2018. The complaint accused the Congress MP from Kerala of quoting an unnamed RSS functionary featured in a Caravan magazine story from March 2012.

Mr. Tharoor, while speaking about his book ‘The Paradoxical Prime Minister: Narendra Modi and his India’ at the Bangalore Lit Fest in October 2018, had referred to the “extraordinarily striking metaphor” used by the anonymous RSS member.

“The man [unnamed RSS source] says Mr. Modi is like a scorpion sitting on a Shivling . You cannot remove him with your hand and you cannot hit with a chappal either. And If you think about it, that’s a very very profound understanding of the relationship. Because if you try to remove a scorpion with your hand, you will get stung yourself badly. If you hit the Shivling with chappal, then you undermine all the sacred tenets of the faith that you hold (on Shivling) on which scorpion is sitting,” Mr. Tharoor had reportedly said.

The Congress MP had approached the top court against the refusal of the Delhi High Court on August 29, 2024 to quash the defamation proceedings.

The High Court had asked him to appear before the Judicial Magistrate concerned on September 10.

Advocate Mohammed Ali Khan, appearing for Mr. Tharoor, had submitted that no defamation case was registered for six years, between 2012 and 2018, after the ‘scorpion sitting on the Shivling’ comment was published. Mr. Babbar had countered that he was aware of the magazine article, but had found it of “no consequence” in 2012. He chose to react only after Mr. Tharoor raked it up to dampen the growing popularity of Mr. Modi and the BJP with the passage of time.

The lawyer had referred to Section 199(1) of the Code of Criminal Procedure to contend that a defamation case could be instituted only by the aggrieved person.

“Members of a political party cannot be the ‘aggrieved person’ under Section 199,” Mr. Khan had argued.

He had said Mr. Tharoor’s statement was made in good faith and would come within the ambit of the exceptions to Section 499 (criminal defamation) of the Indian Penal Code.

Published - October 14, 2024 03:42 pm IST