NEW DELHI: The Delhi High Court has awarded Rs 2 crore damages to a senior Indian Army officer for a severe harm to reputation suffered by him following a 2001 sting operation by a news portal Tehelka.Com alleging his involvement in corruption in defence deals.
On a suit filed by Major General M S Ahluwalia, Justice Neena Bansal Krishna, ordered Tehelka.Com, its owner M/s Buffalo Communications, its proprietor Tarun Tejpal and two reporters, Aniruddha Bahal and Mathew Samuel to pay the amount to him.
"The reputation of the plaintiff has suffered as he not only faced lowering of estimation in the eyes of public but his character also got maligned with serious allegations of corruption which no subsequent refutation can redress or heal. Much time has passed and plaintiff has already lived with ill fame
for more than 23 years," the bench said.
"Considering the enormity of the nature of defamation, apology at this stage is not only inadequate but is meaningless," the bench added.
Ahluwalia contended the video news as part of 'Operation West End' to show alleged kickbacks in defence deals, claimed that he had demanded a bottle of Blue Label Whisky and Rs 10 lakh which was widely commented upon, ridiculing him and thereby sullying his image, casting aspersions on his character and reputation.
However, reporter Samuel gave an exculpatory statement in the Court of Inquiry vis-a-vis the officer. He admitted neither any money was demanded nor was it paid to the officer. He also accepted that plaintiff had refused to attend the dinner to be hosted in a five start hotel or accept any other hospitality. The relevant portion of the statement to the effect I am only giving you a word of advice as a friend has been deleted.
The officer said, "Video news are false, motivated, mischievous and have been made with a view to lower his esteem in the eyes of general public and the viewers/readers of Zee TV and Tehelka.com."
After the telecast, the Court of Inquiry, ordered against him, had recommended his dismissal of from service. Chief of Army Staff in his discretion awarded severe displeasure (Recordable) against him.
The bench said the plaintiff was a man holding the position of Major General in the Army and was a man of repute.
"The Court of Inquiry gave a clean chit to the plaintiff and severe displeasure was awarded only because of his conduct of agreeing to meet with people of doubtful credentials. It is a service discipline which was questioned and not the integrity or character of the plaintiff," the court noted.
It also rejected a defence of "truth" "public good" and "good faith" as they claimed that the Operation West End was undertaken with to expose the rampant corruption in defence procurement.
"The aim and objective may have been in public good, but it does not give any right to any agency to create or attribute false statements to the plaintiff merely to create sensationalisation amongst the general public," the bench said.
The court said despite all the endeavours by the defendants, the officer had refused to accept any bribe.
"There cannot be worse defamation and disrepute to a person of integrity and honour than a false imputation. There was wide publicity of this transcript which was admittedly put on the website of Tehelka.com, and it continues to remain on their website," the bench said.
