The Karnataka Court, Bengaluru bench in the case Bharatiya Janata Party And Karnataka Pradesh Congress Committee and others observed and has taken the cognizance of a private defamation complaint filed by Bharatiya Janata Party against Chief Minister Siddaramaiah, the Deputy Chief Minister DK Shivakumar and the Congress leaders Rahul Gandhi under Section 499 and Section 500 of the Indian Penal Code, 1860.
In the present case, the complaint filed is primarily against the Corruption Rate card which is issued by the Karnataka Pradesh Congress Committee, wherein it claimed certain rates and the commissions which are charged by the BJP for appointment and transfer to various positions in government departments. Therefore, BJP claims it to be false and is based on the ‘fanciful imagination’ of the accused in the matter.
The court observed that it has also been claimed in the complaint that the use of the word trouble engine Sarkar by the accused in the place of the widely popular usage, the double engine Sarka wherein it showed an intention to malign the name and reputation of the BJP and also to affect its chances in the elections.
Further, the court observed and has stated after hearing the arguments of the Learned Counsel for the complainant and also on perusal of the averments made in the complaint and the documents produced, the said court is satisfied that the complainant has made out a prima – facie case to take cognizance of the offences as stated under section 499 and section 500 of the Indian Penal Code, 1860 in order to proceed further.
Adding to it, the court stated to take cognizance of the offence as stated under section 499 and section 500 of the Indian Penal Code, 1860 against the accused No.1 to 4.
Accordingly, the court posted for the Sworn Statement of the complainant and witness if any, by July 27, 2023.
