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Delhi HC rejects Shashi Tharoor’s plea in defamation case over 'Scorpion on Shivling' remark for PM Modi
The criminal complaint was filed against Shashi Tharoor in the trial court by BJP leader Rajiv Babbar.
The Delhi high court on Thursday dismissed Congress MP Shashi Tharoor’s plea challenging the defamation proceedings initiated against him by a BJP leader over his alleged "scorpion on Shivling" remark targeting Prime Minister Narendra Modi.
The high court, which had on October 16, 2020, stayed the criminal proceedings, vacated the interim order and directed the parties to appear before the trial court on September 10.
“No grounds are made out for quashing the proceedings,” Justice Anoop Kumar Mendiratta said while pronouncing the order.
Speaking at the Bangalore Literature Festival in 2018, the Congress MP reportedly quoted an unnamed RSS source who allegedly described Modi as "a scorpion sitting on a Shivling." He termed it an "extraordinarily striking metaphor".
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The defamation case was filed by BJP leader Rajiv Babbar, who took issue with Tharoor’s remarks, claiming his religious sentiments were hurt by the Congress leader’s statement.
The complainant had said, "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 was filed under sections 499 (defamation) and 500 (punishment for defamation) of the Indian Penal Code (IPC).
Tharoor had sought to set aside the trial court’s 2019 order by which he was summoned as an accused and the quashing of the complaint of November 2, 2018.
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Following the trial court's summons, Shashi Tharoor had asked if the BJP would like to file a complaint against Gordhan Zadaphia, who, according to the Congress leader, made the remark for which he is being prosecuted.
“Wonder if BJP would like to ask a judge to summon their own UP-in-charge, Gordhan Zadaphia, for the remark I am now being prosecuted for quoting? Absurd to be pursued by the BJP for quoting words that have been in the public domain for over 7yrs, without any previous legal action,” Tharoor had posted on X.
