Did the SC Extend Stay on Defamation Case Against Tharoor for His 'Scorpion' Comment?
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Synopsis
The Supreme Court has extended its stay on the trial proceedings of the defamation case against Shashi Tharoor concerning his 'scorpion on a Shivling' remark. This case raises questions about freedom of speech and the boundaries of metaphorical language in political discourse.
Key Takeaways
- Supreme Court extends stay on defamation case.
- Tharoor's metaphorical remark raises legal questions.
- Case underscores the tension between free speech and religious sentiments.
- Ongoing legal proceedings will determine the outcome.
- Implications for political discourse in India are significant.
New Delhi, Aug 1 (NationPress) The Supreme Court on Tuesday prolonged its stay on the trial court proceedings concerning a defamation case against Congress MP Shashi Tharoor regarding his controversial 'scorpion on a Shivling' remark, which was reportedly aimed at Prime Minister Narendra Modi.
A panel comprising Justices M.M. Sundresh and N.K. Singh addressed Tharoor's special leave petition (SLP) that contested the Delhi High Court's earlier decision to dismiss his request to annul the defamation case initiated by BJP leader Rajiv Babbar.
Following a request for an adjournment from Tharoor’s attorney, the complainant's counsel, Babbar, urged the apex court to schedule the case for a non-miscellaneous hearing.
In response, Justice Sundresh noted, "What non-miscellaneous day? Why are you so sensitive about all this? Let's wrap this up!" and subsequently adjourned the session.
Last September, a bench led by Justice Hrishikesh Roy (now retired) and R. Mahadevan had issued an interim stay on the trial proceedings, stating that the metaphor could be interpreted in various ways.
"Ultimately, it’s a metaphor. We have attempted to comprehend... this metaphor relates to the perceived invincibility of the individual being referenced. Can it not be seen as something that signifies the invincibility of the person?" the Justice Roy-led bench had commented.
The Supreme Court acknowledged the argument that "no one had a grievance regarding the article or the statement published in ‘The Caravan’ magazine".
Previously, the Delhi High Court had rejected Tharoor's petition, overturned its interim stay on the trial court proceedings, and instructed both parties to appear before the trial court on September 10.
Babbar filed the case against Tharoor in 2018 over the latter's 'scorpion' comment made during the Bengaluru Literature Festival. In his complaint, Babbar claimed that Tharoor's statement hurt his religious sentiments, alleging that it insulted the beliefs of millions of Shiva devotees. He filed the complaint under Sections 499 and 500 of the now-repealed Indian Penal Code (IPC).
Point of View
The ongoing defamation case against Shashi Tharoor highlights the delicate balance between freedom of expression and respect for religious sentiments. It is crucial to ensure that public figures can engage in discourse without fear of undue legal repercussions, while also acknowledging the sensitivities surrounding religious beliefs.
NationPress
19/08/2025
Frequently Asked Questions
What is the basis of the defamation case against Shashi Tharoor?
The case is based on Tharoor's remark comparing Prime Minister Modi to a 'scorpion on a Shivling', which BJP leader Rajiv Babbar claims hurt his religious sentiments.
What did the Supreme Court decide recently?
The Supreme Court has extended its stay on the trial court proceedings related to the defamation case against Tharoor.
How did the Delhi High Court rule on this matter?
The Delhi High Court initially dismissed Tharoor's plea and vacated the stay on trial court proceedings, directing the parties to appear before the trial court.
What are the implications of this case for political discourse?
The case raises important questions about the boundaries of metaphorical language in political speech and its potential legal ramifications.
What are the next steps in this legal process?
The Supreme Court adjourned the hearing, and the matter remains pending for further consideration.
