Karnataka High Court quashes defamation case against Congress leaders over election advertisements

The Karnataka High Court on Wednesday quashed a criminal defamation petition filed by the Bharatiya Janata Party (BJP) against the Karnataka Pradesh Congress Committee (KPCC), D.K. Shivakumar, and Siddaramaiah. The BJP had filed the case against advertisements published before the 2023 Assembly elections, which levelled corruption allegations against the then BJP government and described it as a "40 per cent commission government."

According to a report by India Today, Congress leader Rahul Gandhi was also named in the case, but the High Court had quashed the criminal defamation proceedings against him in February. During the 2023 elections, the Congress had made the "40 per cent commission government" campaign a central issue against the BJP government led by then Chief Minister Basavaraj Bommai. This campaign was carried out through newspaper advertisements and banners.

These advertisements claimed that a 40 per cent commission was being taken in activities including public procurement, allocation of contract works, and the supply of Covid-19 related materials. Furthermore, it was alleged that the BJP government had looted ₹1,500 crore of the people of Karnataka through corrupt practices. The advertisements also alleged the introduction of "score cards" and "rate cards" to secure government positions, referring to bribes paid for appointments and transfers.

In its complaint, the BJP stated that Rahul Gandhi had also made similar allegations during public speeches. Additionally, the BJP objected to the use of the term "trouble engine government" instead of "double engine government." The BJP claimed that this terminology was used to tarnish the party's name and reputation and to influence the elections.

The state BJP unit had filed a private complaint against the Congress, its Karnataka unit, and party leaders in May 2023. The trial court took cognizance of the matter in 2023 and subsequently ordered the initiation of criminal defamation proceedings in 2024. The BJP argued that the "corruption rate card" advertisements published in local newspapers had tarnished the party's image and that the claims regarding rates and commissions for appointments and transfers in government departments were false and based on the "imagination" of the accused.

On the other hand, the KPCC, Shivakumar, and Siddaramaiah had sought the quashing of the case in the High Court. They argued that the complaint was filed to harass them. The petitioners stated that the corruption allegations in the advertisements were directed at the then Chief Minister and members of the BJP cabinet, and not against the BJP as a political party. Furthermore, they argued that the BJP lacked the legal standing to file this case, as the party is not the person or entity directly affected by the alleged defamation.

The High Court had previously stayed the proceedings against Shivakumar in July, and this relief was subsequently extended to the KPCC. In Rahul Gandhi's case, the trial was stayed in January and the case was quashed in February. A detailed copy of the court's order is yet to be received.