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Karnataka HC Puts Brakes on BJP’s Defamation Case Over ‘40% Commission’ Jibe

In a courtroom pause that could have political reverberations, the Karnataka High Court has stayed a defamation case brought by the BJP against the Congress party and Deputy Chief Minister DK Shivakumar. The case stems from the now-notorious “40% commission sarkar” advertisements—part of the Congress’s blistering campaign against the previous BJP-led state government.

The ads, published during the 2023 Karnataka Assembly election season, accused the Basavaraj Bommai-led administration of institutionalized corruption: awarding contracts with a 40% kickback, looting ₹1,500 crore from public coffers, and even introducing a pay-to-play system for government posts. The BJP cried foul and filed a criminal complaint, naming the Indian National Congress, Rahul Gandhi, the Karnataka Pradesh Congress Committee (KPCC), and Shivakumar as accused.

This isn’t the first reprieve handed down in the case. Back in January, the same court temporarily halted proceedings against Rahul Gandhi. Now, Justice SR Krishna Kumar has extended similar interim protection to Shivakumar and the KPCC—effectively freezing the criminal trial against them while the larger issues are examined.

Senior counsel for the accused argued that the advertisements weren’t personal attacks on the BJP as a party, but focused specifically on the alleged misconduct of individuals in the former government. The Congress camp has also challenged the BJP’s legal standing in the matter, claiming the party wasn’t directly defamed and filed the complaint merely to stifle dissent.

A trial court had earlier ordered the registration of the defamation case in 2024, a year after the BJP filed its private complaint in May 2023. Bail was granted to all accused.

As the case now simmers on legal backburners, the political messaging war continues—this time, with courtroom arguments replacing campaign slogans.

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