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Synopsis

The Delhi High Court has awarded Rs 2 crores to an Indian Army officer for “loss of reputation” suffered by him on account of a 2001 "expose" by a news portal alleging his involvement in corruption in defence procurement.

While deciding the suit filed by Major General M S Ahluwalia, the bench of Justice Neena Bansal Krishna directed that the amount shall be paid by Tehelka.Com, its owner M/s Buffalo Communications, its proprietor Tarun Tejpal and two reporters, Aniruddha Bahal and Mathew Samuel.

“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… Considering the enormity of the nature of defamation, apology at this stage is not only inadequate but is meaningless”, the court said.

In March 2001, a story about alleged corruption in defence deals in relation to import of new defence equipment was carried on Tehelka.com. This story was done and recorded by two repoters, Bahal and Samuel, allegedly working undercover by representing themselves on behalf of a fictitious defence equipment Firm based in London keen to introduce new defence equipments in the Indian Army. The sting operation showed Army officers, civilian officers working in the Ministry of Defence and politicians and was also aired by Zee TV.

However, the court said that there was no proof of defamation by Zee and its officals.

“Truth is considered to be the best vindication against slander as wisely quoted by Abraham Lincoln. Yet, truth lacks the potency to restore the reputation that one loses in eyes of a society which is always quick to judge. The disconsolate reality is that wealth lost can always be earned back; howbeit, the scar to one’s repute once etched in the soul, yields nothing but forlorn even if millions are granted in reparation”, the judge said in its 48 page order.

Ahluwalia had approached the High Court in 2002, stating that in the video tape as well as in the transcript, an impression had been created that he had demanded “Blue Label Whisky” and Rs 10 lakh from Samuel, which was false.

He told the court that Samuel in the “Court of Inquiry” had admitted on Oath that “neither any money was demanded nor was it paid to the plaintiff”. Samuel had also admitted that the plaintiff had refused to attend the dinner to be hosted in a five-star hotel or accept any other hospitality.

“The plaintiff was a man holding the position of Major General in the Army and was a man of repute. There cannot be worse defamation and disrepute to a person of integrity and honour than a false imputation of him having demanded and then accepted bribe of Rs. 50,000. There was wide publicity of this transcript which was admittedly put on the website of Tehelka.com, Defendant No. 1. and it continues to remain on their website”, the single-judge bench said.

“The comments added by defendant no. 3 (Aniruddha Bahal) are per se false and defamatory to the knowledge of defendants No.1 to 4 (Tehelka, Tejpal, Bahal and Samuel). There cannot be any more blatant case of causing serious harm and injury to the reputation of an honest Army Officer, who despite all the endeavours of defendant, had refused to accept any bribe”, the court added.

Conclusively, the court held that the evidence on record and in fact the admissions made on behalf of defendant No.1 to 4 (Tehelka, Tejpal, Bahal and Samuel) established a case of defamation against the plaintiff, entitling him to damages.

“In view of the findings on issue No.1 and 2, the suit is dismissed against the defendant Nos. 5 to 7, and the damages in the sum of Rs.2,00,00,000/- (Rupees Two Crores) is awarded to the plaintiff to be paid by defendant No.1 to 4 for having caused defamation, along with costs of the suit”, the court ordered.

Case Title: Major General M.S. Ahluwalia v. M/S Tehelka.com & Ors.