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SC Extends Stay On Defamation Case Against Shashi Tharoor Over 'Scorpion On Shivling' Remark On PM Modi

The top court extended by 4 weeks a stay on trial court proceedings in a defamation case against Congress MP Shashi Tharoor over his remarks comparing PM Narendra Modi to a 'scorpion sitting on a Shivling.'

The Supreme Court on Monday extended by four weeks the stay on the trial court proceedings against Congress MP Shashi Tharoor in a defamation case filed for his alleged remarks comparing Prime Minister Narendra Modi to a "scorpion sitting on Shivling." 

A bench comprising Justices Hrishikesh Roy and SVN Bhatti has granted four weeks time to Delhi police and the complainant to file their replies to Tharoor's plea.

The top court on September 10 had stayed trial court proceedings in a defamation case against Congress MP Shashi Tharoor over his remarks comparing PM Narendra Modi to a 'scorpion sitting on a Shivling.' The court had orally remarked that it does not understand why someone has taken an objection on a metaphor that can be interpreted to show the invincibility of the person.

Tharoor moved to the top court against the Delhi High Court order that refused to quash the defamation case against him over a 2018 remark comparing PM Narendra Modi to a 'scorpion sitting on a Shivling.' 

A bench of Justice Hrishikesh Roy and Justice Mahadevan today issued notice returnable in four weeks and stayed all proceedings till further orders.

The top court while hearing the case remarked that the metaphor can be interpreted to be showing the person's (PM Narendra Modi) invincibility and it does not understand why someone has taken objection here.

Justice Hrishikesh Roy remarked, "It is basically a figure of speech which uses words and phrases and applies to object and action with no relation to object and action...I do not know why someone has taken objection here."

Earlier, the Delhi High Court had refused to quash defamation case against Congress MP Shashi Tharoor over his alleged "scorpion on Shivling" remark against Prime Minister Narendra Modi.

Tharoor sparked controversy after he compared Prime Minister Narendra Modi to a scorpion sitting on a Shivling while speaking at the Bengaluru Literary Festival.

Tharoor claimed that an unnamed RSS leader had compared Prime Minister Narendra Modi to "a scorpion sitting on a Shivling".

"Modi is like a scorpion sitting on a Shivling. You cannot remove him with your hand and you cannot hit it with a 'chappal' (slipper) either," Tharoor said while recalling what an RSS member had told a journalist in 2012.

He said that there is an extraordinarily striking metaphor expressed by an unnamed RSS source to journalist Vinod Jose of 'The Caravan', who expressed their frustration with their inability to curb Modi. Tharoor also shared a tweet saying that the quote had been in public domain since 2012 and he was merely quoting another person, Gordhan Zadaphia.

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