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News Topical, Digital Desk : The Supreme Court on Friday extended the stay on the trial court proceedings in a defamation case filed against Congress MP Shashi Tharoor for his alleged 'scorpion on Shivling' remark targeting Prime Minister Narendra Modi. While extending the stay, the Supreme Court also asked the complainant's lawyer 'why are you getting so emotional'. The Supreme Court bench of Justice MM Sundaresh and Justice N Kotiswar Singh passed this order after adjourning the hearing of the case on the request of Tharoor's lawyer.
The court said- let's close it...
The lawyer appearing for the complainant, BJP leader Rajiv Babbar, sought a hearing on the main proceedings day. "What special proceedings day? Why are you so emotional about all this? Let's put an end to this," the bench said while posting the matter for hearing on September 15.
Know what argument Tharoor's lawyer gave?
Tharoor has moved the Supreme Court against the August 29, 2024 order of the Delhi High Court. The High Court had refused to quash the defamation proceedings against him and asked him to appear before the lower court on September 10. Tharoor's lawyer had earlier argued that neither the complainant nor the members of the political party can be called the aggrieved party.
The article was published in the magazine
The lawyer also said that Tharoor's comments were protected under the exemption clause of the defamation law, which stipulates that any statement made in "good faith" is not criminal. It said Tharoor had merely referred to an article published in Caravan magazine six years ago.
The court expressed surprise
The Supreme Court had expressed surprise that the statement was not held defamatory in 2012 when the article was originally published. "After all, it is a metaphor. I have tried to understand. It shows the invincibility of the person (Modi) referred to. I don't know why anybody has objected to it," Justice Roy had earlier said.
Allegations like 'scorpion on Shivling'
Refusing to quash the proceedings against Tharoor, the High Court had said that prima facie, allegations like 'scorpion on Shivling' against the Prime Minister are 'disgusting and reprehensible'. The court said that prima facie, this comment has defamed the Prime Minister, the BJP as well as its office bearers and members. The High Court also said that there is sufficient material to summon Tharoor before a judicial magistrate under Section 500 (punishment for defamation) of the Indian Penal Code.
religious sentiments were hurt
The complainant alleged that the Congress leader's remarks hurt his religious sentiments. In October 2018, Tharoor had reportedly claimed that an unnamed RSS leader had compared Modi to a 'scorpion sitting on a Shivling'. The Congress leader reportedly said that it was an 'extraordinary metaphor'.
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