'Why Be So Touchy': Supreme Court Extends Relief To Shashi Tharoor In 'Scorpion On Shivling' Case

(MENAFN- Live Mint) The Supreme Court on Friday extended the stay on trial court proceedings against Congress MP Shashi Tharoor in a defamation case filed for his alleged "scorpion on Shivling" remark against Prime Minister Narendra Modi and asked the complainant's lawyer "why be so touchy".

The order was passed by a bench of Justices MM Sundresh and N Kotiswar Singh after adjourning the matter on the request of Tharoor's lawyer.

The counsel appearing for the complainant, Bharatiya Janata Party (BJP) leader Rajeev Babbar, has sought a hearing on a non-miscellaneous day.

To this, the Supreme Court bench said: "What non-miscellaneous day? Why do you want to be so touchy about all this? Let us close all this."

The Congress MP had approached the Supreme Court against the order of the Delhi High Court, which refused to quash the defamation proceedings against him in August 2024.

The high court had said that imputations like "scorpion on Shivling" against the prime minister were "despicable and deplorable" prima facie.

The remark defamed the prime minister, the BJP as well as its office-bearers and members, it had said.

The high court had asked him to appear before the trial court on September 10.

Tharoor's counsel said that his comment was protected under the immunity clause of the defamation law, which stipulates that any statement made in "good faith" is not criminal.

The Congress leader had reportedly merely referenced an article published in Caravan magazine six years before his comment.

Earlier, the apex court had expressed surprise that in 2012, when the article was originally published, the statement was not deemed defamatory.

"Eventually, it is a metaphor. I have tried to understand. It refers to the invincibility of the person referred to (Modi). I do not know why somebody has taken objection here," it had said.

In October 2018, Tharoor reportedly claimed that an unnamed RSS leader had compared Modi to "a scorpion sitting on a Shivling".

The top court posted the matter for further hearing on September 15.

Rajeev Babbar, in his complaint, had also alleged that his religious sentiments were hurt by Tharoor's remark.

MENAFN01082025007365015876ID1109872888