The Karnataka High Court on Thursday reserved its order on the petitions filed by chief minister DK Shivakumar and former chief minister Siddaramaiah seeking quashing of a defamation case registered against them over advertisements published by the Congress ahead of the 2023 Assembly elections.
Justice M Nagaprasanna, who heard the petitions, reserved the order after completing arguments from both sides. The case relates to newspaper advertisements issued by the Congress on May 5, 2023, a day before polling, accusing the then BJP government of large-scale corruption.
During the hearing, counsel representing the complainant BJP argued that the advertisements amounted to a deliberate campaign to damage the party’s reputation before voters. The advertisements allegedly contributed to the BJP losing 40 Assembly constituencies and resulted in around 10 per cent of its votes shifting away, the counsel submitted, urging the court not to quash the proceedings.
Senior advocate Shashikiran Shetty, appearing for the petitioners, argued that the complainant had not obtained the required authorisation from the party’s national unit before filing the private complaint. He also pointed out that proceedings against Congress leader Rahul Gandhi in the same matter had already been quashed and sought similar relief for Shivakumar and Siddaramaiah.
The dispute dates back to the 2023 Assembly election campaign, when corruption was a major issue raised by the Congress against the BJP government. The Congress published front-page advertisements titled “corruption rate card”, alleging that bribes had been fixed for various government works and services.
{{/usCountry}}The dispute dates back to the 2023 Assembly election campaign, when corruption was a major issue raised by the Congress against the BJP government. The Congress published front-page advertisements titled “corruption rate card”, alleging that bribes had been fixed for various government works and services.
{{/usCountry}}The advertisements alleged that commissions ranging from 25 to 30 per cent were being collected in areas including supply of Covid-19 materials, Public Works Department contracts, grants to religious institutions, supply of eggs to schools and road projects. The Congress further alleged that the BJP government had “looted” ₹1.5 lakh crore over four years and accused it of running a “40 per cent commission government”.
The BJP subsequently filed a private complaint, alleging that the advertisements and the slogan contrasting the “double-engine government” with a “trouble-engine government” damaged its reputation and affected its electoral prospects. The complaint alleged that Shivakumar, Siddaramaiah and Rahul Gandhi were directly responsible for the advertisements and had sought votes for the Congress through them.
The BJP also alleged that Rahul Gandhi shared the advertisements on his social media account, thereby furthering the alleged defamatory campaign. It sought action under Sections 499 and 500 of the Indian Penal Code against the Congress leaders.
Shivakumar and Siddaramaiah later approached the High Court seeking quashing of the proceedings. After hearing the arguments, the court reserved its order.