Scorpion on Shivling… Shashi Tharoor reaches Supreme Court in the matter of commenting on PM Modi

New Delhi: The Supreme Court has agreed to consider listing on Tuesday the petition of Congress MP Shashi Tharoor against a decision of the Delhi High Court. The Delhi High Court refused to quash the defamation proceedings against Tharoor over his/her alleged comment on the Shivling with a scorpion, targeting Prime Minister Narendra Modi. The Supreme Court bench headed by Chief Justice DY Chandrachud heard the case till 6 pm on Monday, while usually the hearing is held till 4 pm.

A lawyer requested the bench to hear the petition on Tuesday, otherwise the Congress leader will have to appear before a Delhi court on the same day in connection with a private defamation complaint. The lawyer said, “It is urgent. We request it to be listed tomorrow. The Delhi High Court had dismissed the case (of Tharoor).” The Chief Justice said, “Just send the email. I will look into it now.”

The Delhi High Court on August 29 refused to quash the defamation proceedings against Tharoor. It had said that prima facie, the allegations against the Prime Minister like calling Shivling a scorpion are disgusting and reprehensible. The High Court had said that prima facie, the remarks defamed the Prime Minister, the ruling Bharatiya Janata Party (BJP) as well as its office bearers and members.

Rejecting Tharoor’s plea seeking quashing of the defamation proceedings pending in the trial court, the high court had said there was sufficient material to summon him/her under Section 500 (punishment for defamation) of the Indian Penal Code before a judicial magistrate.

The high court had on October 16, 2020, put an interim stay on criminal proceedings against the Congress MP from Thiruvananthapuram in Kerala in a defamation complaint. Later, it lifted the interim order and directed the concerned parties to appear before the trial court on Tuesday (September 10).