Politics
Note against PM Modi: SC to hear Shashi Tharoor's plea in defamation case | News from India
Shashi Tharoor, Congress MP | (Photo: PTI)
The Supreme Court is set to hear Congress MP Shashi Tharoor's plea on Monday against a Delhi High Court verdict refusing to quash defamation proceedings against him for his alleged “scorpion on Shivling” remark aimed at Prime Minister Narendra Modi.
While hearing Tharoor's plea on September 10, the apex court had stayed proceedings before a trial court in the defamation case filed against the Congress MP.
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The top court also issued a notice to Delhi Police and BJP leader Rajiv Babbar, who is the complainant in the case, seeking their responses on the plea.
According to the October 14 list of cases uploaded on the apex court's website, a bench comprising Justices Hrishikesh Roy and SVN Bhatti is expected to hear Tharoor's plea.
The Congress MP filed a complaint against the High Court's August 29 order refusing to quash the defamation proceedings initiated against him.
During the hearing on September 10, Tharoor's lawyer told the apex court that the complainant could not be considered an aggrieved party in the case and neither could members of the political party be considered an aggrieved party. injured party.
His lawyer argued that Tharoor's comment was protected by the immunity clause of defamation law, which states that any statement made in good faith is not criminal.
The lawyer said Tharoor had referred to an article published in Caravan magazine six years before this statement was made.
The highest court was surprised that in 2012, the statement was not defamatory when the article was initially published.
“Ultimately, it's a metaphor. I tried to understand. It refers to the invincibility of the person in question (Modi). I don't know why anyone objected to it,” remarked Judge Roy during the hearing.
While refusing to quash the proceedings against Tharoor, the High Court said prima facie imputations such as “a scorpion on Shivling” against the Prime Minister were “vile and deplorable”.
The High Court, which on October 16, 2020, stayed the criminal proceedings against the Thiruvananthapuram Congress MP in the defamation suit, set aside the interim order and directed the parties to appear before the trial court proceeding on September 10.
He had said that prima facie, the remark defamed the Prime Minister, the BJP and its leaders and members.
Dismissing Tharoor's petition seeking quashing of the defamation proceedings pending before the trial court, the High Court said the judicial magistrate had sufficient material to summon him under Section 500 (punishment for defamation) of the Indian Penal Code (IPC).
The Congress leader had sought quashing of the trial court's April 27, 2019 order naming him as an accused in the criminal defamation complaint filed by Rajiv Babbar as well as the November 2, 2018 complaint.
The criminal complaint was filed against Tharoor in the trial court by Babbar, who claimed that his religious sentiments were hurt by the Congress leader's statement.
In October 2018, Tharoor had claimed that an anonymous RSS leader had compared Modi to “a scorpion sitting on a Shivling”. The Congress leader had said it was an “extraordinarily striking metaphor”.
(Only the title and image of this report may have been reworked by Business Standard staff; the rest of the content is auto-generated from a syndicated feed.)
First publication: October 12, 2024 | 11:48 a.m. EAST
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