Karnataka High Court Quashes BJP’s Defamation Case Against Rahul Gandhi Over ‘40% Commission’ Ad
Bengaluru: The Karnataka High Court on Tuesday set aside criminal defamation proceedings against Congress leader Rahul Gandhi in connection with a “corruption rate card” advertisement published during the 2023 Karnataka Assembly elections.
Court’s Observations
A bench headed by Justice Sunil Dutt Yadav ruled that continuing proceedings against Rahul Gandhi would amount to an abuse of the process of law. The court quashed the case insofar as the Congress leader is concerned, granting relief in the matter.
The complaint had been filed by BJP leader Keshav Prasad, who alleged that Rahul Gandhi, along with Chief Minister Siddaramaiah and Deputy Chief Minister D. K. Shivakumar, published defamatory advertisements against the then BJP-led state government headed by Basavaraj Bommai.
Background of the Case
The advertisement, published on May 5, 2023, accused the BJP government of operating on a “40 per cent commission” basis. It appeared as full-page ads in leading newspapers and was widely circulated during the election campaign. Rahul Gandhi had also shared related content on his social media platform X.
The BJP complaint described the advertisement as baseless and without foundation. It alleged that the accused had intentionally defamed the party to influence voters.
Defence Arguments
Challenging the proceedings, Rahul Gandhi’s counsel argued that there was no prima facie evidence linking him directly to issuing the advertisement. It was submitted that apart from the bare allegations in the complaint, no documentary proof was provided to show that he had instructed its publication.
Rahul Gandhi had earlier appeared before a Special MP/MLA court in Bengaluru in connection with the case. Siddaramaiah and Shivakumar had also appeared and secured bail. Shivakumar had described the complaint as a false case filed for political reasons.
Political Context
The “40 per cent commission” charge became a major campaign plank for the Congress during the 2023 Assembly elections. The party initially raised the allegation in speeches before amplifying it through social media campaigns and statewide posters.
Conclusion
With the High Court’s order, proceedings against Rahul Gandhi in this specific defamation case stand closed. The ruling may have wider political implications, as it touches upon campaign speech and legal accountability during elections.
Our Final Thoughts
The Karnataka High Court’s decision brings legal relief to Rahul Gandhi in a politically sensitive case linked to the 2023 Assembly elections. The judgment underscores the court’s view on the absence of sufficient prima facie evidence against him. While the political debate over the “40 per cent commission” allegation continues, the ruling highlights the balance courts must maintain between electoral speech and defamation claims. The development is likely to draw reactions from both Congress and BJP as they prepare for future political contests.
