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The Supreme Court of India on September 10, 2024, delivered a significant ruling in a defamation case against Congress MP Shashi Tharoor. The Court issued a stay on further proceedings against Tharoor stemming from a criminal defamation complaint concerning his alleged remarks comparing Prime Minister Narendra Modi to a 'scorpion on a Shivling'. This decision effectively suspends the legal action against the prominent politician, marking a key development in the ongoing political discourse surrounding the issue.
The roots of this controversy lie in October 2018, when Tharoor reportedly claimed that an unnamed Rashtriya Swayamsevak Sangh (RSS) leader had likened Modi to a scorpion perched upon a Shivling. The Shivling, a symbol of Lord Shiva in Hinduism, holds great religious significance for many, and Tharoor's statement was perceived by some as deeply offensive and disrespectful. This alleged remark triggered a wave of criticism and prompted the filing of a defamation complaint.
The complaint was filed by Delhi BJP leader Rajeev Babbar, who alleged that his religious sentiments were deeply hurt by Tharoor's statement. In his complaint, Babbar asserted that Tharoor made the alleged remarks at the Bangalore Literature Festival and that his words were not only abusive towards the Hindu deity but also defamatory and insulting to BJP members, supporters, and leaders. Babbar argued that Tharoor's statement was unfounded, misleading, and damaging, resulting in a violation of his religious beliefs.
Tharoor had previously appealed a decision by the Delhi High Court, which had refused to grant him relief in the case. The High Court had directed Tharoor to appear before a trial court on September 10, 2024, a directive that has now been nullified by the Supreme Court's stay order. The Supreme Court, in its ruling, has issued a notice to both the Delhi government and the complainant, Rajeev Babbar. This notice demands a response within four weeks, indicating that the Court will delve deeper into the matter and examine the case's merits before making a definitive decision on the future course of action.
This case has rekindled the debate surrounding the sensitive issue of freedom of speech and its limitations in the context of religious sentiments. The Supreme Court's decision to stay the defamation case has generated both support and criticism, with some arguing that the Court is protecting Tharoor's right to free expression while others contend that the remarks were offensive and warranted legal action. The case's trajectory in the coming weeks will be closely watched as it highlights the complexities of navigating the delicate balance between free speech and religious sensitivities.
Source: ‘Scorpion’ remark against Modi: SC stays defamation case proceedings against Shashi Tharoor