Karnataka HC Quashes '40% Commission' Defamation Case Vs Congress

The Karnataka High Court has dismissed a criminal defamation case filed by the BJP against Congress leaders regarding '40% commission' government allegations, ruling that the party lacked the legal standing to pursue the defamation complaint.

Karnataka High Court Quashes Defamation Case

Bengaluru (Karnataka) [India], November 5 (ANI): The Karnataka High Court quashed the criminal defamation case filed by the BJP against Congress advertisements that had accused the previous BJP government of being a "40% commission government". Justice M Nagaprasanna allowed the petitions filed by the Karnataka Pradesh Congress Committee (KPCC), Chief Minister DK Shivakumar and former Chief Minister Siddaramaiah.

The BJP had filed a complaint in May 2023 over newspaper advertisements published by the Congress party accusing the previous BJP government, which was in power from 2019 to 2023 under Basavaraj Bommai, of corruption. Based on the complaint, the trial court had ordered in 2024 that a criminal defamation case be filed against Congress leaders.

Details of the Allegations

In its advertisements, the Congress had criticised the then BJP government as a "40% commission government", alleging that commission was being taken in public procurement, labour identification, and supply of materials related to COVID-19. It was also alleged that the BJP government had looted Rs 1,500 crore from the people of Karnataka through corruption. The Congress had also alleged that a 'store card' and 'rate card' system was in place to get government posts and that bribes had to be paid for appointments. The complaint alleged that Rahul Gandhi had made similar allegations in a public speech.

Court's Decision and Arguments

KPCC, DK Shivakumar and Siddaramaiah had approached the High Court seeking quashing of the case, arguing that the BJP had filed the case with the intention of causing them trouble. The petitioners argued that the advertisements did not make defamatory allegations against the BJP as a political party, but rather made corruption allegations against the then Chief Minister and members of the BJP cabinet. They also argued that the BJP, as an organisation, is not the person or entity directly defamed by the alleged statements, and hence the BJP has no legal locus to file a criminal defamation case. In the same case, the Karnataka High Court had quashed the criminal defamation case against Rahul Gandhi on February 17, 2026. (ANI)

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