In a significant relief to Leader of Opposition in the Lok Sabha Rahul Gandhi, the Karnataka High Court on Tuesday quashed criminal defamation proceedings initiated against him over the Congress party’s “corruption rate card” and “40% commission” advertisements targeting the Bharatiya Janata Party (BJP) ahead of the 2023 Karnataka Assembly elections.

Justice Sunil Dutt Yadav allowed Rahul’s petition and set aside the proceedings against him, observing that continuation of the case would amount to an abuse of the process of law.

"The petition is allowed. Allowing the proceedings to continue would amount to an abuse of the process of law. Proceedings so far as the petitioner (Rahul Gandhi) is concerned is set aside," the high court directed.

The defamation complaint was filed by BJP leader Keshav Prasad against Rahul, Karnataka Chief Minister Siddaramaiah and Deputy Chief Minister DK Shivakumar over advertisements published on May 5, 2023. The ads alleged that the then BJP government in Karnataka was charging up to 40 percent commission from contractors and others for public works.

The BJP alleged that the Congress leaders issued false and defamatory advertisements against the then ruling party and its leaders, including former Chief Minister Basavaraj Bommai.

According to the complaint, “in the advertisement given on May 5, 2023 in all mainstream newspapers, the accused made fanciful, baseless, foundationless, and irrational allegations against the complainant party.”

"The complainant further claimed that, in the said fake advertisement, false and reckless allegations were made under the title 'Corruption Rate Card', based on the fanciful imagination of the accused."

"These statements made in the newspaper publications on the 1st page of all the newspapers mentioned above are purely imaginary and fictitious," the complainant further stated.

The complaint also alleged that the Karnataka Pradesh Congress Committee and other accused conspired to defame the BJP and that Rahul had shared the advertisement on his Twitter account.

Challenging the proceedings, Rahul contended that there was no prima facie material to establish his role in circulating the advertisement. He argued that the prosecution failed to produce documentary evidence linking him directly to the publication.

"The statement alleged to be defamatory is criticism of the then govt's administration, and criticising the administration of a govt cannot be brought under the purview of defamation.

The allegations in the present case come under the 3rd exception, or even the 9th and 10th exceptions, of defamation as contained under section 499 of CrPC," Rahul Gandhi further added.

He also argued that the advertisement did not name him personally and that the imputations were directed against the then state government, not the BJP as a political party.

The Special Court had earlier directed registration of a criminal case under Sections 499 and 500 of the IPC. Rahul was granted bail on June 7, 2024, while Siddaramaiah and Shivakumar secured bail on June 1, 2024.

The High Court’s detailed order is awaited.