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Synopsis

A special court for cases involving MPs/MLAs has taken cognisance of a private complaint filed by the BJP against Congress leader Rahul Gandhi, Chief Minister Siddaramaiah and Deputy Chief Minister D K Shivakumar for "reckless allegations" of corruption made during the campaigning of Karnataka Assembly elections on May 5.

The defamation complaint was filed by BJP state secretary Keshavaprasad for advertisements put out in all leading newspapers by the Congress on May 5, 2023, on allegations of corruption against the BJP, and making a slogan of '40% Sarkara' and 'trouble engine Sarkara' on "purely imaginary and fictitious" basis.

Special Court Judge Preeth J said, “After having heard the arguments of the counsel for the complainant and also on perusal of the averments made in the complaint and the documents produced, I am satisfied that the complainant has made out a prima facie case to take cognizance of the offences under Sections 499 and 500 of IPC and to proceed further.”

The court fixed the case for July 27 for sworn statement of the complainant and witness, if any.

The complainant claimed that the advertisement in newspapers had reckless imputations regarding the BJP. It was stated that the accused number-1 the Karnataka Pradesh Congress Committee and other three accused had conspired and planned to defame the BJP by leveling false allegations.

"The complainant has been led by a powerful world leader Narendra Modi, the Prime Minister of India. The complainant came into power in the Year-2019 and has successfully led the Government till 2023. As a result of its wide popularity, it is highly respected and the people of Karnataka follow this political party with all enthusiasm, faith and dedication," the court recorded in its order.

The complaint contended that the advertisement had given rates under the name and styles of appointment and transfer rates for various positions.

The complaint said that Rahul Gandhi had also put up this advertisement in his twitter account.

The advertisement showed the images of accused D K Shivakumar and Siddaramaiah seeking votes for the Congress. The complainant said that this shows that both the accused were directly responsible for all the false statements in the advertisement.

"The advertisements claimed 40% sarkar has looted over Rs 1,50,000.00 crores from the people of Karnataka in the last four Years. It is clear that by giving the date line above, i.e., 2019-2023, the accused No.1 to 4 are hinting that the complainant's Sarkar has indulged in this corruption. The accused No.1 to 4 have resorted to this mass attempt to defame the complainant," the plea contended.

There are indications that the advertisement is meant to malign the name and reputation of the complainant as political party and to affect its chances in the elections are paralyzed, it added, asking the court to take cognizance of the offence under section 499 and 500 of IPC against the accused persons.