Karnataka HC quashes BJP's defamation case over Congress's '40% commission' ads

The Karnataka High Court on Wednesday, November 4, quashed a criminal defamation case filed by the Bharatiya Janata Party (BJP) against former Chief Minister Siddaramaiah, Deputy Chief Minister DK Shivakumar and the Karnataka Pradesh Congress Committee (KPCC) over advertisements accusing the previous BJP government of corruption.

The case was filed by the Karnataka BJP unit in May 2023 against the Congress party, its state unit and leaders Rahul Gandhi, Siddaramaiah and DK Shivakumar. The complaint alleged that the Congress had published defamatory newspaper advertisements ahead of the 2023 Assembly elections, accusing the then BJP government, led by former Chief Minister Basavaraj Bommai, of corruption.

The advertisements described the BJP government as a “40% commission sarkar” and alleged that commissions were being collected in public procurement, allocation of government contracts and the supply of COVID-19-related materials. They also accused the government of looting Rs 1,500 crore through corrupt practices.

The advertisements further alleged that the BJP government had introduced a system of “rate cards” for government appointments and transfers, suggesting that bribes were being charged for securing official positions. The Congress had also used the phrase “trouble engine sarkar” in place of the BJP's “double engine sarkar”.

The BJP argued that the advertisements were false and intended to damage the party's reputation and electoral prospects. It described the allegations as products of the Congress leaders' "fanciful imagination".

The trial court took cognisance of the complaint in 2023 and initiated criminal defamation proceedings against the Congress leaders.

Challenging the proceedings, Siddaramaiah, Shivakumar and the KPCC argued that the complaint was intended to harass them. They contended that the advertisements contained allegations against the then Chief Minister and members of the BJP Cabinet over alleged corruption, rather than defamatory statements against the BJP as a political party. They also questioned the BJP's legal standing to initiate criminal defamation proceedings.

The High Court had earlier granted interim relief to the Congress leaders. It stayed the proceedings against Shivakumar and the KPCC in July 2025 and extended similar relief to Siddaramaiah. It had also stayed the trial against Rahul Gandhi in January 2025.