Defamation case by BJP: Karnataka High Court stays trial proceedings against D K Shivakumar

Bengaluru: In a relief to Deputy Chief Minister D K Shivakumar, the Karnataka High Court on Friday stayed proceedings against him in a defamation case filed by the Bharatiya Janata Party (BJP) in connection with newspaper advertisements issued on May 5, 2023 with a title ‘corruption rate card’ against the then ruling BJP government.

Justice SR Krishna Kumar also ordered notice to the BJP while adjourning the hearing to July 29.

In January 2025, the court had stayed proceedings against Congress leader Rahul Gandhi in the very case, in which Chief Minister Siddaramaiah is also arraigned as an accused.

The counsel appearing for Shivakumar and Karnataka Pradesh Congress Committee (KPCC) submitted that the proceedings initiated against them are an abuse of process of law.

It was further submitted that the complainant BJP’s name was not referred to in the advertisement. Hence, there is no nexus between the complainant and the advertisement, the counsel said.

It was further argued that the advertisement at best was against the state government and not against a political party and BJP has no locus standi to file the defamation complaint.

The complaint had stated that the KPCC and three accused, Rahul Gandhi, Chief Minister Siddaramaiah and Deputy Chief Minister DK Shivakumar had conspired and planned to defame the BJP by leveling false allegations through the advertisement.

The advertisement, which appeared on May 5, 2023 in all mainstream newspapers, made fanciful, baseless, foundation less and irrational allegations against the BJP, the complaint said.

The special court for cases involving elected representatives had directed for registering the criminal case against the accused persons and the KPCC for the offence under IPC section 499 of IPC, punishable under IPC section 500.