Karnataka High Court Extends Interim Stay In Defamation Case Against Rahul Gandhi By State BJP

The Karnataka High Court has extended an interim stay granted on further proceedings in the criminal defamation case filed by the State BJP against Congress leader Rahul Gandhi.

On January 17, the Court had passed an interim order staying the trial before the 42nd Additional Chief Metropolitan Magistrate.

Today, Justice S Sunil Dutt Yadav continued the interim stay granted earlier.

Arguments Before the High Court

Senior Advocate Shashi Kiran Shetty, appearing for Gandhi, submitted that the complaint lacks any material alleging that Gandhi was responsible for the publication of the impugned content.

“So far as allegations against the petitioner is that he retweeted. There is no material in the complaint or sworn statement,” Shetty said.

When the Bench asked what specific allegations were made, he responded: “The admitted fact is that the publication is not made against the complainant and it is made by Accused No. 1.”

He further emphasised that the actual advertisements were issued by the Karnataka Pradesh Congress Committee, not Gandhi, and that the complainant failed to array the persons who allegedly published the content.

“In a case of defamation, those who have published have to be made a party. In this case none of them have been made party. On that short ground also the case be quashed,” he argued.

Reading out the complaint, Shetty submitted that it contains “vague and bald allegations” without identifying who authorised the advertisements or when they were issued.

He added that at the time of the alleged publication, Gandhi was not even a Member of Parliament.

The matter is now listed on December 11. Both parties to file a synopsis and also a note insofar as legal contentions relied on and the authorities relied on for such contentions.

In the synopsis to be filed the role of the accused in terms of the complaint and sworn statement, and documents marked may be referred to.

Legal position on the application of mind while issuing a summons under Section 204 CrPC is also required to be adverted.

Background of the Case

The case arises out of the Congress party's controversial “Corruption Rate Card” advertisement which claimed that various posts and transfers under the then-BJP government carried fixed “rates” and “commissions”.

The BJP alleges that the advertisement is defamatory, false, and based on “fanciful imagination”.

The complaint also takes objection to the phrase “trouble engine Sarkar”, allegedly used instead of BJP's slogan “double engine Sarkar”, contending that it was intended to malign the party's reputation ahead of elections.

Gandhi, who appeared before the Magistrate in June 2024 and was granted bail, is one among several Congress leaders named in the case. Chief Minister Siddaramaiah and Deputy Chief Minister D.K. Shivakumar have also secured bail earlier.