40% Commission Ads| Karnataka HC Stays BJP’s Defamation Case Against Congress, DK Shivakumar
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As we speak, On 4th July, Karnataka Excessive Court docket has stayed BJP’s defamation case towards Congress and DK Shivakumar over adverts calling the earlier Basavaraj Bommai-led authorities a “40% fee sarkar,” accusing it of corruption in contracts and COVID-related provides.
The Karnataka Excessive Court docket has quickly issued a keep on a defamation case initiated by the Bharatiya Janata Celebration (BJP) towards the Karnataka Pradesh Congress Committee (KPCC) and Deputy Chief Minister DK Shivakumar.
This case arose from allegations that the Indian Nationwide Congress (INC), together with Congress chief Rahul Gandhi, the KPCC, and Shivakumar, revealed newspaper ads containing derogatory claims concerning the BJP-led State authorities’s efficiency from 2019 to 2023.
The contentious adverts reportedly labeled the earlier BJP administration, headed by former Chief Minister Basavaraj Bommai, as a “40 per cent fee sarkar,” alleging that the federal government engaged in corrupt practices associated to public procurement, contract awards, and the provision of COVID-related supplies.
Related remarks have been made by Rahul Gandhi throughout a public handle.
After reviewing preliminary arguments, Justice SR Krishna Kumar issued a keep on the felony proceedings towards each the KPCC and Shivakumar till the case is additional examined.
Senior Advocate and Karnataka Advocate Common Shashi Kiran Shetty, together with Advocate Surya Mukundaraj, represented Shivakumar, whereas Advocates SA Ahamed and Sanjay B Yadav appeared for the KPCC.
The ads that triggered the defamation claims accused the BJP-led State authorities of embezzling Rs.1,500 crore from the individuals of Karnataka by means of corrupt practices, together with the imposition of commissions.
In addition they alleged {that a} system of “rating playing cards” and “price playing cards” was established for bribes associated to authorities appointments.
In Could 2023, the BJP lodged a personal grievance towards the Congress celebration, its Karnataka unit, Gandhi, and Shivakumar. Subsequently, a trial courtroom ordered the registration of a defamation case in 2024, with all accused events ultimately granted bail.
Justice M Nagaprasanna of the Excessive Court docket had beforehand stayed trial proceedings towards Rahul Gandhi in the identical case whereas awaiting the BJP’s response to an analogous petition from him.
The KPCC and Shivakumar have approached the Excessive Court docket to hunt the dismissal of this case, arguing that the BJP’s grievance was filed primarily to intimidate them.
They additional contended that the allegedly derogatory ads refer particularly to accusations of corruption towards the previous Chief Minister and BJP Cupboard Ministers, not towards the BJP as a celebration.
As such, they’ve questioned the BJP’s authorized standing to file a personal defamation grievance, asserting that it isn’t straight aggrieved on this matter.
Case Title: Karnataka Pradesh Congress Committee and anr v. Bharatiya Janata Celebration
