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HC Stays Criminal Defamation Proceedings Against Shashi Tharoor for ‘Scorpion on Shivling’ Remarks

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The Delhi High Court Friday stayed prison proceedings in opposition to Congress chief Shashi Tharoor in a defamation grievance over his alleged ‘scorpion on shivling’ remarks referring to Prime Minister Narendra Modi. Justice Suresh Kumar Kait issued discover and sought response of complainant, BJP chief Rajiv Babbar, on Tharoor’s plea difficult the summons issued in opposition to him by the trial courtroom within the defamation case.

The excessive courtroom listed the matter for additional listening to on December 9. Tharoor, represented by way of senior advocates Kapil Sibal and Vikas Pahwa, has sought setting apart of the trial courtroom’s April 27, 2019 order by which he was summoned as accused within the prison defamation grievance.

The plea, filed by way of advocate Gaurav Gupta, has additionally sought quashing of the grievance of November 2, 2018. Pahwa argued that the trial courtroom’s order is unhealthy in regulation and in opposition to the settled rules of prison jurisprudence and it has utterly ignored the truth that the grievance filed by Babbar is totally false and frivolous.

The prison grievance was filed in opposition to Tharoor within the trial courtroom by Babbar, who had claimed that his non secular sentiments had been harm by the Congress chief’s assertion. In October 2018, Tharoor had claimed that an unnamed RSS chief had allegedly in contrast Prime Minister Modi to “a scorpion sitting on a Shivling”. He termed it an “extraordinarily striking metaphor”.

Tharoor was granted bail within the case in June final 12 months by the trial courtroom. The complainant had stated, “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.” “The complainant’s religious sentiments were hurt and the accused deliberately did this malicious act, intending to outrage the religious feelings of Lord Shiva devotees by insulting their religious belief,” the grievance had claimed.

It had additionally described Tharoor’s assertion as “intolerable abuse” and “absolute vilification” of the religion of thousands and thousands of individuals. The grievance was filed beneath sections 499 (defamation) and 500 (punishment for defamation) of the Indian Penal Code (IPC).

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