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Staying the proceedings, the top court said the comment was only a metaphor for the invincibility of a person and wondered why anyone had to take objection to it.
The Supreme Court Friday indicated that it intended to end the proceedings in the criminal defamation case against Lok Sabha MP Shashi Tharoor’s “scorpion sitting on a Shivling” remark on Prime Minister Narendra Modi, and directed that the stay on proceedings ordered last year will continue.
Justice M M Sundresh, presiding over a two-judge bench, told complainant Rajeev Babbar’s counsel, who urged the court to hear the matter on a non-miscellaneous day, “What non-miscellaneous day? Let us close this. Why do you want to be touchy about all this? Let us close all this.”
“That way, administrators, political personalities, and judges form the same group. They have a sufficiently thicker skin. Don’t worry,” said Justice Sundresh.
The bench, also comprising Justice N K Singh, nevertheless agreed to hear the matter.
On September 10, 2024, the Supreme Court stayed the proceedings in the criminal defamation case filed by the BJP leader against Tharoor over his remarks on Prime Minister Narendra Modi. Tharoor had approached the top court challenging the 2024 Delhi High Court order dismissing his plea to quash the proceedings.
Tharoor contended that he had only quoted from an article published by the Caravan Magazine in 2012 that contained an alleged remark by an unnamed RSS leader comparing Narendra Modi to “a scorpion sitting on a Shivling”.
Staying the proceedings, the top court said the comment was only a metaphor for the invincibility of a person and wondered why anyone had to take objection to it.
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While dismissing Tharoor’s plea in August 2024, the Delhi High Court said “no grounds are made out for quashing” the defamation proceedings, and it is expedient that the trial court continues the proceedings.
The Congress leader had moved the Delhi High Court in 2020, challenging defamation proceedings against him based on the complaint of Babbar, who was vice-president of the BJP’s Delhi unit. Tharoor sought the setting aside of a magistrate court order summoning him as an accused in the case.