The Karnataka High Court on Tuesday quashed the criminal proceedings against Congress leader Rahul Gandhi in the defamation case filed against him by the Bharatiya Janata Party (BJP). [Rahul Gandhi v. Bharatiya Janata Party].Justice Sunil Dutt Yadav delivered the verdict on a plea moved by Gandhi."The petition is allowed. Allowing the proceedings to continue would amount to an abuse of the process of law. Proceedings so far as the petitioner (Rahul Gandhi) is concerned is set aside," the Court directed.The Court said that the advertisements in question alleged that certain constitutional functionaries and government employees were beneficiaries of irregularities in government schemes. However, none of the persons or entities referred in the advertisements were the ones who filed the defamation case. Rather, it was the BJP, the Court noted.,"In the present case, the imputation itself is by way of innuendo and such imputation is sought to be stretched to the party" the judge said..The defamation case was filed by the BJP represented by its Karnataka State Secretary Keshav Prasad, against Gandhi, Karnataka Chief Minister (CM) Siddaramaiah and Deputy Chief Minister DK Shivakumar. The main allegations revolved around advertisements and campaigning slogans used by the Congress party in the lead up to the 2023 Karnataka assembly elections.In the ads, the Congress party had alleged that the BJP, which was then in power in the State, was charging up to 40 percent commission/ bribes from contractors and others for execution of public works.The BJP in its complaint accused Congress leaders of spreading false advertisements targeting its party members including the then Chief Minister Basavaraj Bommai.Gandhi, who was named as the fourth accused in the case, moved the High Court to quash the proceedings against him.The Congress leader contended that advertisements do not contain any allegations against the BJP. He also submitted that there is no material linking the advertisements to him..The High Court found that there was no material to indicate that the BJP had authorised the President of the Karnataka Unit to initiate proceedings who would have been the competent person to file the defamation case.The procedural requirement of complaint being brought before the Magistrate by "some person aggrieved" would require the entity defamed in the present case to bring the complaint. The complaint broadly appears to make out a case that it is the party that is the aggrieved person. This alone vitiates the proceedings, the Court opined."Accordingly, the complainant is not represented by a competent person and in the absence of which the aggrieved person being represented by an incompetent person, vitiates the proceedings," the judgment stated.It also noted that there was no material to establish that the advertisement had been published at Gandhi's instance. While the BJP's complaint also alleged that Gandhi had tweeted links to the advertisements in question, the Court noted that the material submitted by the BJP did not contain the text of the tweet."However, strangely the text of the said tweet has not been marked along with other documents while sworn statement was recorded nor any Section 65B (Indian Evidence Act) certificate produced in requisite format," the Court observed.The Court also noted certain procedural lapses at the trial court which it opined, revealed a casual approach to the case. It, therefore, deemed it fit to quash the proceedings against Gandhi. .[Read Judgment].[Read Live Coverage].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.
