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Supreme Court stays defamation proceedings against Shashi Tharoor over remarks against PM Modi

The Congress leader had said it was an “extraordinarily striking metaphor”.

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The Supreme Court on Tuesday stayed the defamation proceedings before a trial court against Congress MP Shashi Tharoor over his “scorpion on Shivling” remarks against Prime Minister Narendra Modi.

A bench of Justices Hrishikesh Roy and R Mahadevan issued notice to the Delhi government and the complainant BJP leader Rajiv Babbar in the case. The notice is returnable in four weeks.

Tharoor has moved the Apex Court against Delhi High Court order which refused to quash defamation proceedings against him on August 29.

The High Court in its order had noted that the comment made by Tharoor exemplifies that PM Modi is unacceptable with many in the RSS establishment and compares the expression of their frustration, as dealing with a leader with the characteristics of a scorpion possessing a venomous instinct.

The Court had further noted that Tharoor’s comments apparently not only defamed PM Modi, but the party represented by him, including RSS and the members of the party for having accepted the leadership.

The Congress leader had sought to set aside the trial court’s April 27, 2019 order summoning him as an accused in the criminal defamation complaint filed by BJP leader Babbar as also the November 2, 2018 complaint.

During the brief hearing, advocate Muhammad Ali Khan, representing Tharoor, argued that Babbar, or any other party member, could not be brought within the ambit of an aggrieved person under the defamation law when the person against whom the statement was issued has not taken any action.

Khan added that Tharoor’s statement was protected under the immunity clause of the defamation law, which laid down that any comment made in good faith was not criminal. According to the lawyer, Tharoor’s statement was borrowed from an article published on Modi in 2012 when the latter was the chief minister of Gujarat.

The criminal complaint was filed against Tharoor in the trial court by Babbar, who claimed that his religious sentiments were hurt by the Congress leader’s statement.

In October 2018, Tharoor had claimed that an unnamed RSS leader had compared Modi to “a scorpion sitting on a Shivling”. The Congress leader had said it was an “extraordinarily striking metaphor”.

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Electoral bond scheme: FIR against JP Nadda, Nirmala Sitharaman, others after Bengaluru court order

Besides Union Ministers Nadda and Sitharaman, FIR named the Enforcement Directorate (ED), BJP Karnataka president B Y Vijayendra and senior leader Naleen Kumar Kateel.

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An FIR (First Information Report) has been registered against the Union Minister and BJP president JP Nadda and Union Finance Minister Nirmala Sitharaman among others following the order of a Bengaluru court for allegedly committing irregularities and misusing electoral bond scheme for extortion of money from various companies.    

According to reports, the case was filed by Adarsh Iyer of the Janaadhikara Sangharsha Sanghatane (JSP), accusing Union Ministers Sitharaman, Nadda and others of extorting money by using central agencies under the guise of now-scrapped electoral bond, which benefited to the tune of around Rs 8000 crore.

The court on Friday sent a complaint linked with the electoral bond scheme against Sitharaman, BJP chief and others to the city police. The electoral bonds scheme was struck down by the Supreme Court in February this year as it was unconstitutional.

Besides Union Ministers Nadda and Sitharaman, FIR named the Enforcement Directorate (ED), BJP Karnataka president B Y Vijayendra and senior leader Naleen Kumar Kateel.

The FIR, which was filed based on the court directions, charged the accused under sections 384 (punishment for extortion) and 120B (criminal conspiracy) read with 34 (acts done with common intention) of the Indian Penal Code (IPC).

Based on the complaint, it is alleged that Sitharaman and officials from the Enforcement Directorate engaged in extortion under the guise of electoral bonds, resulting in a benefit of over Rs 8,000 crore.

The complainant, Iyer, asserted that this extortion was carried out in collusion with Nadda, Kateel, Vijayendra, and other party office bearers at both state and national levels.

Additionally, it is claimed that Sitharaman utilised the Enforcement Directorate to conduct raids, seizures, and arrests of various corporates, their CEOs, MDs, and other top executives to compel them to pay.

The complainant alleged that many corporates fearing actions, were coerced into purchasing electoral bonds worth several crores, which were subsequently encashed by Nadda, Kateel, Vijayendra, and others. Iyer also alleged that the entire extortion racket under the guise of electoral bonds has been orchestrated hand in glove with officials of BJP at various levels.

Initially, the complainant approached the Tilaknagar Police Station with a complaint on March 30 of this year, and subsequently sought assistance from the DCP Bengaluru South East in April 2024. In the absence of any action, the matter was brought before the court, and a private complaint was filed, seeking necessary directions from a Special Court exclusively designated to handle criminal cases pertaining to elected MPs/MLAs in the state of Karnataka.

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Rahul Gandhi promises 12 guarantees for Haryana, says Congress will end decade of pain

“In a decade, the BJP snatched away Haryana’s prosperity, dreams and power,” the Congress leader said.

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Leader of Opposition in the Lok Sabha Rahul Gandhi on Saturday promised twelve guarantees ahead of the Haryana Assembly election and said that the Congress will end the “decade of pain” if voted to power in the state.

“It is our resolve to fulfil the hopes, aspirations and dreams of every Haryana resident,” Gandhi said in a social media post on X.

Gandhi listed 12 guarantees including two lakh permanent jobs; drug-free Haryana; free treatment up to Rs 25 lakh; women Rs 2,000/month; gas cylinder for Rs 500; 100-yard plot to the poor; two-room house at a cost of Rs 3.5 lakh; old age, widow and disabled pension of Rs 6,000;  Old Pension Scheme will be restored; 300 units of free electricity; MSP guaranteed to farmers, immediate crop compensation and caste census, creamy layer limit Rs 10 lakh.  

“In a decade, the BJP snatched away Haryana’s prosperity, dreams and power,” the Congress leader said.

Haryana Congress rolled out its detailed poll manifesto for the October 5 single-phase Assembly elections in the presence of state Congress chief Udai Bhan, Leader of Opposition Bhupinder Singh Hooda and former Rajasthan Chief Minister Ashok Gehlot among other leaders present on the occasion of the manifesto launch.

Slamming the BJP over several issues, Gandhi said that Agniveer snatched away the aspirations of patriotic youth, unemployment snatched away the happiness of families and inflation snatched away the self-reliance of women.

He pointed out that BJP tried to snatch the rights of farmers by bringing black laws, and through demonetisation and wrong GST, they snatched away the profits of lakhs of small traders.

“To benefit his chosen ‘friends’ he even snatched away the self-respect of Haryana,” he said.

“From savings to health, from protection of rights to social security, employment opportunities abound, every family is happy and cheerful – this is Congress’ guarantee,” the former Congress chief said.

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PM Modi says J&K people looking forward to government free of corruption, terrorism, separatism

“They need to seize this moment and choose the BJP,” Modi said.

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Prime Minister Narendra Modi on Saturday asserted that the people in Jammu and Kashmir are looking forward to a government free of corruption, terrorism and separatism for peace and a better future for their children.

Addressing an election rally in support of BJP candidates at M A M Stadium, he said the Assembly election has given the people of Jammu a historic opportunity to decide the next government.

“They need to seize this moment and choose the BJP,” Modi said.

“There has been a massive voter turnout in the first two phases of the election. The BJP will certainly form its first government with an absolute majority in Jammu and Kashmir,” he said.

At an election rally in Jammu, he said the biggest responsibility for the destruction of this generation lies with the Congress party. Since Independence, Congress’ wrong policies have only brought destruction, he added.

Hitting out at Congress, PM Modi said: “A large part of Jammu is connected to the border. Remember the time when firing from across the border was a daily thing. Breaking news would run every day. Firing used to take place from the other side and Congress would wave white flags. But when the BJP government responded to ‘Goli’ (bullets) with ‘Gola’ (artillery shells), the other side was taken aback. You will recall that on the night of September 28, 2016, surgical strikes took place. India showed the world that this is a new India, an India that can strike within enemy territory.”

This was the Prime Minister’s third visit to Jammu and Kashmir and fourth election rally in a fortnight.

He addressed an election rally in Doda district on September 14, four days before the first phase of elections, and two more rallies in Srinagar and Katra on September 19 in the run-up to the second phase of elections.

The high-pitch campaigning for the last 40 assembly segments in the seven districts — 24 in the Jammu region and 16 in Kashmir — will end on Sunday evening.

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