SC halts defamation proceedings against Tharoor over Modi remark

NEW DELHI —NEW DELHI — The Supreme Court of India has temporarily halted trial court proceedings in the defamation case against Congress leader Shashi Tharoor. The case, initiated by BJP leader Rajiv Babbar, revolves around Tharoor’s controversial 2018 remark comparing Prime Minister Narendra Modi to a scorpion, a statement originally published in a 2012 Caravan magazine article.

A Bench comprising Justices Hrishikesh Roy and R Mahadevan questioned the basis of the defamation claim, noting that the comment was a repetition of an earlier remark. “In 2012, it was not defamatory. Eventually, it is a metaphor… It refers to the invincibility of the person referred to (Modi),” the Bench observed.

The Supreme Court has issued notices to both the complainant and the Delhi government, pausing all related legal proceedings. Tharoor had previously challenged a Delhi High Court decision that refused to dismiss the defamation suit, arguing that his statement was a quotation of a public remark by Gordhan Zadaphia, not his original creation.

Advocate Md. Ali Khan, representing Tharoor, contended that the High Court had overstepped by broadening the interpretation of ‘aggrieved person’ in defamation law. He questioned whether a statement not deemed defamatory in 2012 could gain such a status years later, especially since no legal action had been taken against the original remark.

The Delhi High Court had earlier ruled that Tharoor’s words amounted to defamation of Modi, the BJP, and the RSS, describing the remarks as “despicable” and damaging to the party’s reputation. However, the Supreme Court now seeks to reassess the context and content of Tharoor’s remark before further proceedings.

The case is scheduled for further developments in four weeks.