The Delhi high court on Thursday refused to quash the defamation proceedings against Congress leader Shashi Tharoor on a complaint over his alleged 'scorpion on Shivling' remark targeting Prime Minister Narendra Modi, saying prima facie the imputations against a PM are 'despicable and deplorable.'
The high court said prima facie the remarks defamed the Prime Minister, Bharatiya Janata Party as well as its office bearers and members.
Dismissing Tharoor's petition seeking quashing of the defamation proceedings pending before a trial court, Justice Anoop Kumar Mendiratta said there was sufficient material before the judicial magistrate for summoning him under Section 500 (punishment for defamation) of IPC.
The high court, which had on October 16, 2020, stayed the criminal proceedings against Tharoor, the Congress MP from Thiruvananthapuram, in the defamation complaint, vacated the interim order and directed the parties to appear before the trial court on September 10.
"No grounds are made out for quashing the proceedings, at this stage, under Section 482 CrPC. It is expedient in the interest of justice to permit the proceedings before the trial court to continue."
"The defence, if any, that the defamatory imputations were covered by the Exceptions to Section 499 IPC needs to be considered on the basis of evidence in the trial. Interim orders are hereby vacated," the high court said.
The court said it cannot be ignored that the imputation against the legislative head of a political party and the sitting prime minister of India has an important bearing on the image of the party, functionaries and the members of the party concerned and does not augur well to the system as it also impacts the electoral process.
"Prima facie, the imputations against a sitting Prime Minister are despicable and deplorable and apart from defaming Shri Narendra Modi, Hon'ble Prime Minister of India, also defame the Bharatiya Janata Party as well its office bearers and members," Justice Mendiratta said in a 51-page judgment.
The court said since the complaint has been filed by the vice-president of Delhi Bharatiya Janata Party, Rajiv Babbar, he falls within the ambit of 'some person aggrieved' under Section 199 CrPC.
The objection raised by Tharoor that the complainant has no reason to feel hurt by the imputation as the same was not targeted towards the members of the party and was made in good faith, is a matter to be determined during the course of trial, it said.
Tharoor had sought setting aside of the trial court's April 27, 2019 order summoning him as an accused in the criminal defamation complaint filed by Babbar. He had also sought quashing of the complaint of November 2, 2018.
The criminal complaint was filed against Tharoor in the trial court by Babbar, who had claimed that his religious sentiments were hurt by the Congress leader's statement.
In October 2018, Tharoor had claimed that an unnamed RSS leader compared Prime Minister Modi to "a scorpion sitting on a shivling". He termed it an "extraordinarily striking metaphor".
Tharoor was granted bail in the case in June 2019 by the trial court.
The complainant had said, "I am a devotee of Lord Shiva... However, the accused (Tharoor) completely disregarded the sentiments of crores of Shiva devotees, (and) made the statement which hurt the sentiments of all Lord Shiva devotees, both in India and outside the country."
In its verdict, the high court further said it was of the opinion that the BJP is a determinate and identifiable body and the complaint for defamation under Section 500 IPC was maintainable.
It may further be observed that if a well-defined class is defamed, each and every member of that class can maintain a complaint, the court held.
It said the propagation of original comments in the manner done by Tharoor amounted to defamation, considering the text and the relevant period during which the defamatory imputation was made by modifications and additions.
"The contention raised on behalf of the petitioner that present complaint is not maintainable since no proceedings were initiated either against the concerned RSS worker or the magazine is without any merit since the imputations have been admittedly made by the petitioner in 2018 while the original quote as made in 2012 may not be of the same significance as then Shri Narendra Modi did not hold the same position," the high court said.
It further said that the comments also 'obliquely hurt the Hindu sentiments.'
