The Delhi High Court ruled on Thursday that Congress leader Shashi Tharoor’s comparison of Prime Minister Narendra Modi to a scorpion on a Shivling constitutes defamation against Modi, the Bharatiya Janata Party (BJP), and the Rashtriya Swayamsevak Sangh (RSS).
Justice Anoop Kumar Mendiratta stated that such remarks against a sitting Prime Minister are “despicable and deplorable,” affecting the image of not only Modi but also his party, its members, and functionaries.
The court also emphasized that Tharoor’s comments “indirectly hurt Hindu sentiments.”
“The remarks not only defame Shri Narendra Modi but also the BJP, RSS, and their members who accepted Modi’s leadership. The implications of defaming the head of a political party and the sitting Prime Minister of India significantly impact the party’s image, its functionaries, and the electoral process,” the Bench observed.
The court dismissed Tharoor’s argument that BJP leader Rajiv Babbar, who filed the defamation suit, had no grounds to feel hurt by the remarks since they were not directed at BJP members and were made in good faith. The court noted that this issue would be determined during the trial.
Justice Mendiratta dismissed Tharoor’s plea to quash Babbar’s defamation case, stating that “if a group, association, or company is defamed, any member can file a complaint under Section 500 of the Indian Penal Code [criminal defamation].” Furthermore, the court observed that if a well-defined class is defamed, any member of that class can maintain a complaint.
Consequently, the court rejected Tharoor’s plea.
Senior Advocate Kapil Sibal, along with advocates Muhammad Ali Khan, Abhik Chimni, Omar Hoda, Eesha Bakshi, Uday Bhatia, Arjun Sharma, and Kamran Khan, represented Shashi Tharoor. Senior Advocate Pinky Anand, along with advocates Piyush Beriwal, Neeraj, Saudamini Sharma, Samrath Pasricha, and Ojasvi, represented Rajiv Babbar.
