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'40% Sarkara ads by Cong,' Bengaluru court takes cognisance of defamation complaint against Ktka CM, DyCM, Rahul Gandhi [Read Order]

By LawStreet News Network      15 June, 2023 11:50 PM      0 Comments
'40% Sarkara ads by Cong,' Bengaluru court takes cognisance of defamation complaint against Ktka CM, DyCM, Rahul Gandhi [Read Order]

NEW DELHI: A Bengaluru court has taken cognisance of criminal defamation complaint filed against Congress party and Karnataka Chief Minister Siddaramaiah, deputy Chief Minister D K Shivakumar and former Congress Vice President Rahul Gandhi for making "false and baseless" allegations of corruption against the BJP.

BJP state secretary Keshavaprasad filed the complaint seeking action under Sections 499 and 500 of the IPC against the accused persons for advertisements published in all leading newspapers by the Congress on May 5, 2023.

He has sent legal notice on May 06, 2023 before the Assembly election, calling upon the accused to withdraw all the allegations.

Despite service of the legal notice the accused persons did not comply with the demands made in the said notice. Hence, on these allegations, the complainant asked to take cognizance of the offence under section 499 and 500 of IPC against the accused persons.

"After having heard the arguments of the Counsel for the complainant and also on perusal of the averments made in the complaint and the documents produced, I am satisfied that the complainant has made out a prima - facie case to take cognizance of the offences under section 499 and 500 of IPC and to proceed further," Additional Chief Metropolitan Magistrate Preeth J said in an order passed on June 13.

The court posted the matter for sworn statement of the complainant and witness if any, on July 27, 2023.

The complainant submitted the BJP is a largest political party and it is led by a powerful world leader Narendra Modi, the Prime Minister of India. The BJP came into power in the Year-2019 and has successfully led the Government till 2023. As a result of its wide popularity it is highly respected and the people of Karnataka follow this political party with all enthusiasm, faith and dedication.

The complaint contended as a President of a political party, the accused No.2 (Shivakumar) has resorted to the "most mean and cheap tactics" by causing the advertisement on May 05, 2023 in all mainstream newspapers by making reckless imputations regarding the complainant party.

"The accused No.1 to 4 have all conspired and planned to defame the complainant by levelling false allegations...(and) made these baseless, foundationless and irrational allegations against the complainant. In the fake advertisement, false and reckless allegations are made under the title “Corruption Rate card” based on the fanciful magination of the accused No.1 to 4. These statements made in the newspapers publications on the first page of all the newspapers are purely imaginary and fictitious," it claimed.

The complaint also stated the accused had given rate cards in the advertisement and also alleged 40% sarkar has looted over Rs 1,50,000 crores from the people of Karnataka in the last four years, by hinting that the complainant's Sarkar has indulged in this corruption. The accused No.1 to 4 have resorted to this mass attempt to defame the complainant, it asserted.

[Read Order] 

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