Karnataka High Court Quashes BJP Defamation Case Over Congress 40% Commission Ads

The Karnataka High Court on Wednesday quashed the criminal defamation case filed by the state BJP unit against the Karnataka Pradesh Congress Committee, D.K. Shivakumar and Siddaramaiah over advertisements published ahead of the 2023 Assembly elections. The order was passed by Justice M. Nagaprasanna.

Those advertisements had branded the then BJP government led by Chief Minister Basavaraj Bommai a "40 per cent commission government" and were put out through newspapers, banners and other modes as a central plank of the Congress campaign. The campaign alleged 40 per cent commission in public procurement, allotment of contract works and supply of Covid-19-related materials, among other activities. The advertisements alleged Rs 1,500 crore had been looted from the people of Karnataka through corrupt practices. They accused the government of introducing "score cards" and "rate cards" for securing government posts, referring to alleged bribes paid for appointments and transfers.

According to the private complaint, Congress leader Rahul Gandhi had made similar allegations during a public speech. The BJP had objected to the use of the phrase "trouble engine government" in place of "double engine government", contending it was intended to malign the party's name and reputation and affect its electoral prospects. The party said the "corruption rate card" advertisements in local newspapers and the campaign had damaged its image. It described the claims about rates and commissions for appointments and transfers in government departments as false and based on the "fanciful imagination" of the accused.

The state BJP unit filed the 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 registration of criminal defamation proceedings in 2024.

Petitioners questioned BJP's standing

Seeking cancellation, the KPCC, Shivakumar and Siddaramaiah approached the High Court, contending the complaint had been filed to harass them. They argued 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. They questioned the BJP's legal standing to initiate the proceedings on the ground that the party was not the person or entity directly aggrieved by the alleged statements.

The High Court had earlier stayed the proceedings against Shivakumar in July and extended the relief to the KPCC. Gandhi's trial was stayed by the court in January before the criminal defamation proceedings against him were cancelled in February. A detailed copy of the order quashing the case against the KPCC, Shivakumar and Siddaramaiah was awaited.