Last Updated on August 29, 2024 by Amit Patra
Delhi High Court rejects to quash the criminal defamation case against Congress MP Shashi Tharoor related to a comparison of PM Narendra Modi to a scorpion. Justice Anup Kumar Mendiratta has dismissed Tharoor’s request and cleared the way for the case to move forward while earlier he quashed a restraining order granted by him for the time being.
The case rises from an alleged statement Tharoor made at the Bangalore Literature Festival, November 2018, wherein he said, and I quote: The Prime Minister of India is a scorpion sitting on a Shivling. ” The comment provoked BJP leader Rajiv Babbar to file a defamation complaint that led to the trial court’s issuance of summons. Tharoor relied on the ‘speaking for the other’ defence, arguing that he was merely repeating the words of Gordhan Zadaphia and that such sentiments had been in circulation for years.
Tharoor’s lawyers including his counsel Ramesh Singh Vermi, Senior Advocate Kapil Sibal pointed out that the complaint against the Congress MP was not only false, but also mala fide, as Tharoor had not made any defamatory comments of his own, but had relied on quotes anthologised from journalism. They further argued that Babbar was not an affected person under Section 499 of IPC and the facts of the speech had been camouflaged in the complaint.
However, the High Court could not see any reason to challenge the proceedings at this stage, which in essence means that the case can proceed. Thus, it reveals the ambiguity of the freedom of speech and defamation laws in the Indian context especially in the context of politics. It brings more doubts as to whether one may quote or use in a certain context some words that may be deemed defamatory, and the consequences of such an action.
This is an indication that the court does not want to be drawn into a consideration of a matter of fact or law at this stage but wants the trial to unfold before some fundamental issues come up for determination. This has potential for far-reaching effects not just for Tharoor, but for political discourse and defamation debates in India.
The trial is now cast into a new phase with the parties instructed to appear before the trial court on September 10, a development that will attract keen interest from legal and political analysts. The consequence can likely establish certain legal standards regarding the freedom of political opinion and the laws on defamation in the nation.
