The Karnataka High Court on Tuesday quashed the criminal defamation proceedings initiated against Leader of Opposition in the Lok Sabha Rahul Gandhi in connection with newspaper advertisements published during the run-up to the 2023 Karnataka Assembly elections.
Justice S. Sunil Dutt Yadav allowed Gandhi’s petition seeking quashing of the case and held that permitting the prosecution to continue against him would amount to an abuse of the process of law.
“Allowing the proceedings to continue would amount to an abuse of the process of law. Proceedings so far as the petitioner is concerned is set aside,” the court observed.
The complaint had been filed by BJP leader Keshav Prasad against Rahul Gandhi, Karnataka Chief Minister Siddaramaiah, and Deputy Chief Minister D.K. Shivakumar. It alleged that campaign advertisements issued by the Congress party falsely accused the then BJP government of demanding a “40 per cent commission” from contractors for public works.
According to the complainant, the advertisements and slogans defamed BJP leaders, including former Chief Minister Basavaraj Bommai, by portraying the party as corrupt.
A magistrate court had taken cognisance of the complaint and granted bail to Gandhi, Siddaramaiah, and Shivakumar in June 2024.
The High Court examined the material on record while considering Gandhi’s plea under the Code of Criminal Procedure seeking quashing of the proceedings.
The court concluded that continuation of the criminal case against Gandhi was not warranted and would constitute misuse of the legal process. Accordingly, the proceedings were set aside insofar as they related to him.
The order pertains specifically to Rahul Gandhi. The complaint had also named Siddaramaiah and D.K. Shivakumar; the High Court’s ruling, as per the present order, addresses only Gandhi’s plea.
The impugned advertisements formed part of the Congress party’s campaign ahead of the 2023 Karnataka Assembly elections, where it accused the BJP government of institutionalised corruption through the alleged “40 per cent commission” system. The BJP had termed the allegations false and defamatory, leading to the criminal complaint.
With the High Court’s ruling, the criminal defamation case against Rahul Gandhi in this matter stands quashed.
