The Karnataka High Court on Wednesday cancelled a criminal defamation case filed by the BJP against the Karnataka Pradesh Congress Committee (KPCC), DK Shivakumar and Siddaramaiah over advertisements published ahead of the 2023 Assembly elections, accusing the then BJP government of corruption and branding it a "40 per cent commission government".The case had also named Congress leader Rahul Gandhi, against whom the High Court cancelled the criminal defamation proceedings in February.The "40 per cent commission government" campaign was a major poll plank of the Congress against the then BJP government led by Chief Minister Basavaraj Bommai. The campaign, publicised through newspaper advertisements, banners and other modes, alleged that 40 per cent commissions were charged in public procurement, the allotment of contract works and the supply of Covid-19-related materials, among other activities.The advertisements also alleged that the BJP government had looted Rs 1,500 crore from the people of Karnataka through corrupt practices.
They accused the government of introducing "score cards" and "rate cards" for securing government posts, allegedly referring to bribes paid for appointments and transfers. According to the complaint, Rahul Gandhi made similar allegations during a public speech.
The BJP also objected to the use of the phrase "trouble engine government" in place of "double engine government", contending that it was intended to malign the party's name and reputation and affect its electoral prospects.The state BJP unit filed a private complaint in May 2023 against the Congress, its Karnataka unit and the party leaders. The trial court took cognisance of the matter in 2023 and later ordered the registration of criminal defamation proceedings in 2024.
The BJP alleged that the Congress's "corruption rate card" advertisements in local newspapers and its campaign ahead of the 2023 Assembly elections had damaged the party's image. It said the claims about rates and commissions for appointments and transfers in government departments were false and based on the "fanciful imagination" of the accused.The KPCC, Shivakumar and Siddaramaiah approached the High Court seeking to have the case cancelled, contending that the complaint had been filed to harass them.
They argued that the advertisements levelled corruption allegations against the then Chief Minister and members of the BJP Cabinet, rather than against the BJP as a political party.The petitioners also questioned the BJP's legal standing to initiate criminal defamation proceedings, arguing that the party was not the person or entity directly aggrieved by the alleged defamatory statements.The High Court had earlier stayed the proceedings against Shivakumar in July and extended the same relief to the KPCC. The court had stayed Gandhi's trial in January before cancelling the case against him in February.A detailed copy of the order was awaited.- Ends