3 months ago
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In a alleviation to Rahul Gandhi, Leader of the Opposition successful the Lok Sabha, the High Court of Karnataka connected Tuesday (February 17) quashed the transgression proceedings against him successful a defamation lawsuit filed by the Bharatiya Janata Party’s State unit. The lawsuit was filed for allegedly issuing “defamatory” advertisements successful mainstream newspapers against the past BJP authorities during the run for the State Legislative Assembly elections successful 2023.
Justice S. Sunil Dutt Yadav delivered the verdict portion allowing a petition filed by Mr. Gandhi, who questioned the legality of the defamation case, successful which helium has been arraigned arsenic accused fig 4. The BJP’s State had lodged the ailment earlier the magistrate tribunal successful June 2023.
The continuance of proceedings against Mr. Gandhi would magnitude ineligible abuse, the Court said portion dictating the operative information of the verdict.
The complaint
The BJP had alleged successful the ailment that “false, baseless, and reckless” allegations were made nether the rubric ‘Corruption complaint card’ successful the advertisements issued connected May 5, 2023, successful each the mainstream newspapers successful Karnataka, terming the past BJP authorities arsenic “40% sarkar” and alleging that the BJP authorities had “looted implicit ₹1,50,000 crore from the radical of the State during its 2019-2023 regime”.
The advertisements were issued by the Karnataka Pradesh Congress president done D.K. Shivakumar, successful his capableness arsenic its president, and by Siddaramaiah, arsenic the past Leader of Opposition successful the Legislative Assembly, and Mr. Gandhi had enactment up these “defamatory advertisements” connected his ‘X’ (formerly Twitter) account. Mr. Siddaramaiah and Mr. Shivakumar person besides been arraigned arsenic accused.
Rahul’s contention
It has been contended successful Mr. Gandhi’s petition that the alleged defamatory advertisements are disapproval of the medication of the past BJP authorities successful the State and criticising the medication cannot beryllium brought nether the purview of defamation. The disapproval made successful the contentious advertisements comes nether the exemptions provided nether Section 499 of the Indian Penal Code for making imputation successful bully faith, it has been claimed successful the petition.
It was claimed that a backstage organisation, the BJP, cannot prosecute a defamation lawsuit connected behalf of the past law functionaries and nationalist servants arsenic it is lone the State that is vested with specified a powerfulness to initiate defamation proceedings.
“If astatine each a ailment nether Section 499 work with Section 500 tin beryllium filed, it tin beryllium lone by the Karnataka authorities and not by immoderate different persons. Therefore, the ailment [BJP’s State unit] is not the competent idiosyncratic to record the ailment arsenic the statements alleged to beryllium defamatory is disapproval against the past government’s medication and nary connection has been made against the complainant/political party.”
Exemption
In June 2023, Mr. Gandhi appeared personally earlier the Special Court of Magistrate for transgression cases against erstwhile and contiguous MPs and MLAs successful Bengaluru connected the court’s circumstantial absorption arsenic helium had failed to respond to aggregate summons.
In December 2024, the peculiar court, considering his relation and duties arsenic LoP, exempted him from idiosyncratic quality during the proceedings of the defamation lawsuit by imposing conditions. The proceedings against Mr. Gandhi was stayed by the High Court successful January 2025.
