SC Pauses Defamation Proceedings Against Shashi Tharoor Over “Scorpion” Remark

Shashi Tharoor

The Supreme Court has granted relief to Congress MP Shashi Tharoor by staying trial court proceedings in a defamation case related to his “scorpion on a Shivling” remark about Prime Minister Narendra Modi.

A bench comprising Justice Hrishikesh Roy and Justice R Mahadevan issued notice to the Delhi Police and BJP leader Rajiv Babbar, the complainant. Tharoor had been summoned to appear before the trial court following a Delhi High Court order but has now received a reprieve.

Tharoor challenged the High Court’s decision, which had refused to quash the defamation proceedings against him. His lawyer, Mohammed Ali Khan, argued that the complainant was not an aggrieved party and that Tharoor’s remarks were protected under defamation laws, as they were made in good faith. Tharoor had referred to an article published six years prior in Caravan magazine, which no one found objectionable at the time, but the complaint was filed only after Tharoor echoed the metaphor.

Justice Roy expressed surprise at the delayed outrage, remarking that the metaphor seemed to reflect the invincibility of Modi, wondering why it was seen as defamatory. The case dates back to Tharoor’s 2018 comment, where he said an unnamed RSS leader had compared Modi to “a scorpion sitting on a Shivling,” which led to Babbar filing the defamation complaint, alleging it hurt his religious sentiments.

The High Court had earlier called the remarks “despicable” and suggested they defamed the prime minister, the BJP, and its members. However, with the Supreme Court’s intervention, further proceedings in the trial court are now on hold, with responses from the parties due in four weeks.