In July, lawyer Sumeet Chowdhury moved a petition before Kolkata Magistrate Metropolitan Court against Tharoor’s remark that the BJP will pave the way for the creation of a “Hindu Pakistan” if voted to power again.
Petitioner Chowdhury alleged that Tharoor’s comment created disharmony and was “a deliberate and malicious act intended to outrage religious feelings”.
Tharoor was also sued under Section 2 of the Prevention of Insults to National Honour Act, 1971.
In his plea, Chowdhury submitted that Tharoor made a public statement that if the BJP is voted to power in the 2019 general election, the party would rewrite the Constitution and would turn India into a “Hindu Pakistan”.
Addressing an event in Thiruvananthapuram, Mr Tharoor had said the BJP will write a new Constitution which will pave the way for a nation, much like Pakistan, where the rights of minorities are not respected.
“If they (BJP) win a repeat in the Lok Sabha, our democratic constitution as we understand it will not survive as they will have all the elements they need to tear apart the constitution of India and write a new one,” the Congress leader had said.
“That new one will be the one which will enshrine principles of Hindu Rashtra, that will remove equality for minorities, that will create a Hindu Pakistan and that isn’t what Mahatama Gandhi, Nehru, Sardar Patel, Maulana Azad and great heroes of freedom struggle fought for,” he added.
In the petition, Chowdhury mentioned that Shashi Tharoor also refused to apologise for his remark.
Additional Chief Metropolitan Magistrate M Dasgupta directed issuance of the summons to the Congress leader through post and on his Twitter handle.