The Karnataka High Court quashed criminal defamation proceedings against Rahul Gandhi over Congress’ “40% commission” allegations against the BJP during the 2023 Assembly polls. The Court held that continuing the case would amount to an abuse of the legal process.
The Karnataka High Court on Tuesday quashed the criminal defamation proceedings against senior Congress leader Rahul Gandhi in a case filed by the Bharatiya Janata Party (BJP) over alleged defamatory campaign advertisements issued during the 2023 Karnataka Assembly elections.
The order was passed by Justice Sunil Dutt Yadav while allowing a petition filed by Gandhi challenging the criminal complaint pending against him. The Court observed that continuing the case against him would not serve the ends of justice.
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Delivering the verdict, the Court stated,
“The petition is allowed. Allowing the proceedings to continue would amount to an abuse of the process of law. Proceedings so far as the petitioner (Rahul Gandhi) is concerned is set aside,”
the Court directed.
The defamation complaint had been filed by BJP leader Keshav Prasad against Rahul Gandhi, Karnataka Chief Minister Siddaramaiah and Deputy Chief Minister D. K. Shivakumar. The complaint referred to campaign advertisements and slogans used by the Congress party in the run-up to the 2023 Karnataka Assembly elections.
In those advertisements, the Congress party had accused the BJP government, which was then in power in the State, of allegedly taking up to 40 percent commission or bribes from contractors and others for execution of public works.
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The “40 percent commission” allegation became a major political issue during the election campaign and was widely highlighted in Congress publicity material.
The BJP, in its complaint, alleged that the Congress leaders had issued false and defamatory advertisements targeting BJP members, including the then Chief Minister Basavaraj Bommai. According to the complainant, these statements harmed the reputation of the party and its leaders.
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Earlier, a Magistrate court had granted bail to Siddaramaiah and D. K. Shivakumar on June 1, 2024, in connection with the same case. Rahul Gandhi was also granted bail by the Magistrate on June 7, 2024.
With the High Court’s latest order, the criminal proceedings against Rahul Gandhi in the defamation case stand quashed. The ruling marks a significant legal development in a politically sensitive dispute arising from election campaign statements made during the 2023 Karnataka Assembly polls.
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