Today, On 4th July, Karnataka High Court has stayed BJP’s defamation case against Congress and DK Shivakumar over ads calling the previous Basavaraj Bommai-led government a “40% commission sarkar,” accusing it of corruption in contracts and COVID-related supplies.
The Karnataka High Court has temporarily issued a stay on a defamation case initiated by the Bharatiya Janata Party (BJP) against the Karnataka Pradesh Congress Committee (KPCC) and Deputy Chief Minister DK Shivakumar.
This case arose from allegations that the Indian National Congress (INC), along with Congress leader Rahul Gandhi, the KPCC, and Shivakumar, published newspaper advertisements containing derogatory claims about the BJP-led State government’s performance from 2019 to 2023.
The contentious ads reportedly labeled the previous BJP administration, headed by former Chief Minister Basavaraj Bommai, as a “40 per cent commission sarkar,” alleging that the government engaged in corrupt practices related to public procurement, contract awards, and the supply of COVID-related materials.
Similar remarks were made by Rahul Gandhi during a public address.
After reviewing initial arguments, Justice SR Krishna Kumar issued a stay on the criminal proceedings against both the KPCC and Shivakumar until the case is further examined.
Senior Advocate and Karnataka Advocate General Shashi Kiran Shetty, along with Advocate Surya Mukundaraj, represented Shivakumar, while Advocates SA Ahamed and Sanjay B Yadav appeared for the KPCC.
The advertisements that triggered the defamation claims accused the BJP-led State government of embezzling Rs.1,500 crore from the people of Karnataka through corrupt practices, including the imposition of commissions.
They also alleged that a system of “score cards” and “rate cards” was established for bribes related to government appointments.
In May 2023, the BJP lodged a private complaint against the Congress party, its Karnataka unit, Gandhi, and Shivakumar. Subsequently, a trial court ordered the registration of a defamation case in 2024, with all accused parties eventually granted bail.
Justice M Nagaprasanna of the High Court had previously stayed trial proceedings against Rahul Gandhi in the same case while awaiting the BJP’s response to a similar petition from him.
The KPCC and Shivakumar have approached the High Court to seek the dismissal of this case, arguing that the BJP’s complaint was filed primarily to intimidate them.
They further contended that the allegedly derogatory advertisements refer specifically to accusations of corruption against the former Chief Minister and BJP Cabinet Ministers, not against the BJP as a party.
As such, they have questioned the BJP’s legal standing to file a private defamation complaint, asserting that it is not directly aggrieved in this matter.
Case Title: Karnataka Pradesh Congress Committee and anr v. Bharatiya Janata Party
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