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

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

The Delhi High Court on August 29 refused to quash the defamation proceedings against Tharoor. The court 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 comment defamed the Prime Minister, the ruling Bharatiya Janata Party (BJP) as well as its office bearers and members.

Dismissing 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 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).