Defamation Case Over ‘40% Commission’ Advertisements Quashed, Rules Karnataka High Court

Defamation Case Over ‘40% Commission’ Advertisements Quashed, Rules Karnataka High Court in Siddaramaiah v. State of Karnataka

Case: Siddaramaiah v. State of Karnataka and Another
Date of Judgment: 04 November 2026
Court: High Court of Karnataka
Coram: Justice M. Nagaprasanna

Court Observation

“In the light of the issue being the same, evidence being the same and allegations being the same, all stemming from a solitary advertisement, the benefit that is granted to the co-accused by quashment cannot be denied to these petitioners.”

Summary

The Karnataka High Court has quashed the criminal defamation case filed by the Bharatiya Janata Party against Chief Minister Siddaramaiah, Deputy Chief Minister D.K. Shivakumar and the Karnataka Pradesh Congress Committee over newspaper advertisements published ahead of the 2023 Assembly elections. The advertisements had called the then BJP government a “40% commission sarkar”, alleging fixed commissions in public procurement, contract allotment and COVID-19 supplies and that it had “looted” over Rs 1,50,000 crore from the people of the State during its 2019–2023 regime.

The Court held that the petitioners were entitled to the same relief already granted to co-accused Rahul Gandhi, against whom proceedings arising from the same advertisement were quashed on 17 February 2026: the issue, the evidence and the allegations were the same, all stemming from a solitary advertisement. Per that earlier ruling, the advertisement alone did not establish the BJP as the “aggrieved party”, since the imputations were directed at constitutional functionaries — the then Chief Minister and cabinet members — and not specifically at the BJP as a party. Continuation of the proceedings would amount to an abuse of legal process.

Key Holdings

  • The petitioners were entitled to the same relief already granted to co-accused Rahul Gandhi, against whom proceedings arising from the same advertisement were quashed on 17 February 2026 — the same issue, the same evidence and the same allegations, all stemming from a solitary advertisement.
  • Per the February 2026 ruling, the advertisement alone did not establish the BJP as the “aggrieved party”, since the imputations were directed at constitutional functionaries (the then Chief Minister and cabinet members), not specifically at the BJP as a party.
  • Continuation of the proceedings would amount to an abuse of legal process.

Directions Issued

  • The criminal defamation proceedings (C.C. No. 7399/2024 in the trial court) stand quashed against Siddaramaiah, D.K. Shivakumar and the Karnataka Pradesh Congress Committee.

Background

Ahead of the 2023 Karnataka Assembly elections, the Karnataka Pradesh Congress Committee published newspaper advertisements calling the then BJP government (2019–2023, led by Basavaraj Bommai) a “40% commission sarkar” and alleging that it had “looted” over Rs 1,50,000 crore. The Karnataka BJP filed a private criminal defamation complaint in May 2023; the trial court took cognizance and ordered registration of criminal proceedings in 2024. The High Court stayed proceedings against Shivakumar on 4 July and extended the relief to the Congress Committee, and on 17 February 2026 it had already quashed the case against Rahul Gandhi. The Court has now extended the same relief to the remaining petitioners.

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Disclaimer: This is a summary prepared for informational purposes only and does not constitute legal advice. Readers should refer to the official judgment for the authoritative text.

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