Remarks against PM Modi: SC stays defamation case against Shashi Tharoor

The Supreme Court on Tuesday stayed proceedings before a trial court against Congress MP Shashi Tharoor in a defamation case lodged against him for his alleged scorpion on Shivling remarks targeting Prime Minister Narendra Modi reported PTIA bench of Justices Hrishikesh Roy and R Mahadevan issued notice to the Delhi government and the complainant in the defamation case reported PTIThe notice is returnable in four weeksTharoor has moved the top court against Delhi High Court order which refused to quash defamation proceedings against him on August 29The Congress leader had sought setting aside of the trial courts April 27 2019 order summoning him as an accused in the criminal defamation complaint filed by Rajiv Babbar as also the November 2 2018 complaint reported PTIThe criminal complaint was filed against Tharoor in the trial court by Babbar who claimed that his religious sentiments were hurt by the Congress leaders remarks against PM ModiIn October 2018 Tharoor had claimed that an unnamed Rashtriya Swayamsevak Sangh RSS leader had compared PM Modi to a scorpion sitting on a ShivlingThe Congress leader had said it was an extraordinarily striking metaphorDelhi High Court refused to quash the defamation proceedingsThe Supreme Court has agreed to consider listing on Tuesday a plea of Congress MP Shashi Tharoor against a Delhi High Court verdict that refused to quash the defamation proceedings against him on a complaint lodged over his alleged remarks against PM ModiThe Delhi High Court refused to quash the defamation proceedings against Tharoor on August 29 reported PTIIt had said prima facie imputations like scorpion on Shivling against the prime minister were despicable and deplorable reported PTIThe high court had said prima facie the remarks defamed the prime minister the ruling BJP as well as its officebearers and membersDismissing Tharoors petition seeking quashing of the defamation proceedings pending before a trial court the high court had said there were sufficient material before the judicial magistrate for summoning him under section 500 punishment for defamation of the Indian Penal Code IPCThe high court which had on October 16 2020 stayed the criminal proceedings against the Congress MP from Thiruvananthapuram in Kerala in the defamation complaint vacated the interim order and directed the parties to appear before the trial court on Tuesday September 10 reported PTINo grounds are made out for quashing the proceedings at this stage under section 482 CrPC It is expedient in the interest of justice to permit the proceedings before the trial court to continue The defence if any that the defamatory imputations were covered by the exceptions to section 499 IPC needs to be considered on the basis of evidence in the trial Interim orders are hereby vacated the high court had said reported PTIThe high court had added that it cannot be ignored that the imputation against the legislative head of a political party and the prime minister of India has an important bearing on the image of the party its functionaries and members concerned and does not augur well for the system as it also impacts the electoral process reported PTIPrima facie the imputations against a sitting prime minister are despicable and deplorable and apart from defaming Shri Narendra Modi Honourable Prime Minister of India also defame the Bharatiya Janata Party as well its officebearers and members it had said reported PTIThe high court had said since the complaint was filed by Delhi BJP vicepresident Rajiv Babbar the complainant falls within the ambit of some person aggrieved under section 199 of the Code of Criminal Procedure CrPC reported PTIThe objection raised by Tharoor that the complainant had no reason to feel hurt by the imputation as it was not targeted towards the members of the BJP and was made in good faith is a matter to be determined during the course of the trial it had saidTharoor had sought setting aside of the trial courts April 27 2019 order summoning him as an accused in the criminal defamation complaint filed by Babbar as also the November 2 2018 complaintIn October 2018 Tharoor had claimed that an unnamed Rashtriya Swayamsevak Sangh RSS leader had compared PM Modi to a scorpion sitting on a Shivling The Congress leader had said it was an extraordinarily striking metaphor reported PTITharoor was granted bail in the case by the trial court in June 2019With inputs from PTI