Relief for Rahul Gandhi as Karnataka HC quashes BJP’s defamation case over 2023 ‘graft’ advertisement

BENGALURU: In a big relief for Rahul Gandhi, Karnataka HC Tuesday quashed proceedings against the Congress MP in a defamation case filed by BJP on a ‘corruption rate card’ advertisement against then state BJP govt in 2023.

Allowing a petition filed by the leader of the opposition in LS, Justice S Sunil Dutt Yadav said continuation of proceedings would amount to abuse of process of law.

The court said, “Imputation itself is by way of innuendo, and such imputation is sought to be stretched to the party. Sans the tweet, the advertisement makes no reference to the party; rather (it) makes an imputation to the functionaries mentioned in the advertisement.”

CM Siddaramaiah and DCM DK Shivakumar were arraigned as accused in the case. BJP’s complaint had alleged that, 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.

Case reveals casual approach of complainant, says court
The court pointed to procedural lapses, including that there was no inquiry under Section 202 of CrPC, which is mandated where the accused is outside the court’s territorial jurisdiction. This revealed “a very casual approach” of the complainant in not insisting on such an inquiry before summons was issued to the accused (Rahul), the judge said.

In his petition, Rahul Gandhi said there was no prima facie material placed by the prosecution to prove the charges against him and that the complainant failed to produce any documentary evidence to show he circulated the alleged advertisement on his Twitter handle.