Karnataka High Court stays BJP defamation case against Congress, DK Shivakumar for '40% commission' ads

The Karnataka High Court on Friday stayed a defamation case filed by the Bharatiya Janata Party (BJP) against the Karnataka Pradesh Congress Committee (KPCC) and Deputy Chief Minister DK Shivakumar [Karnataka Pradesh Congress Committee and anr v. Bharatiya Janata Party]..The criminal case was filed against the Indian National Congress (INC), Congress leader Rahul Gandhi, the KPCC and Shivakumar on allegations that they were responsible for publishing newspaper advertisements with derogatory allegations about the BJP-led State government's tenure between 2019 and 2023.Among other statements, these ads are reported to have called the then BJP regime led by erstwhile Chief Minister Basavaraj Bommai a "40 per cent commission sarkar", alleging that the government charged commissions in public procurements, awards of contract work, supplying COVID-related supplies, etc. A similar comment was also made by Rahul Gandhi in a public speech, according to reports..After hearing preliminary submissions, Justice SR Krishna Kumar today stayed the criminal proceedings against the KPCC and Shivakumar until the matter is heard next. .Senior Advocate and Advocate General for Karnataka Shashi Kiran Shetty and Advocate Surya Mukundaraj appeared for Shivakumar. The KPCC was represented by Advocates SA Ahamed and Sanjay B Yadav..The ads which led to the filing of the defamation case accused the BJP-led State government of having looted the Karnataka public of ₹1,500 crore during its tenure through corrupt activities like charging commissions. The ads also accused the government of having put in place a system where there were "score cards" and "rate cards", referring to bribes paid to secure government posts.The BJP filed a private complaint in May 2023 against the Congress party, its Karnataka unit, Gandhi and Shivakumar. A trial court ordered the registration of a defamation case in 2024. All the accused were eventually granted bail.Justice M Nagaprasanna of the High Court had earlier stayed trial proceedings in the same case against Rahul Gandhi, while seeking the BJP's response to a similar plea filed by him.The KPCC and Shivakumar approached the High Court seeking the quashing of this case. They have claimed that BJP's complaint was only lodged with an intent to harass them. The petitioners added that the allegedly derogatory ads also only pertain to allegations of corruption against the former Chief Minister and BJP Cabinet Ministers; they are not allegations against the BJP per se. Therefore, they have questioned whether the BJP has the legal standing to file a private complaint for defamation in the matter, since it is not technically aggrieved.