Delhi High Court orders Tehelka, Tarun Tejpal, others to pay ₹2 crore to former Army Officer for defaming him in 2001 sting operation

The Delhi High Court on Friday ordered journalists Tarun Tejpal, Aniruddha Bahal and Mathew Samuel and news platform Tehelka to pay ₹2 crore in damages to former Army officer, Major General MS Ahluwalia for defamation [Maj Gen MS Ahluwalia v M/s Tehelka.com & Ors]..The order was passed nearly 22 years after Tehelka did a sting operation, known as Operation West End in the year 2001 alleging that Ahluwalia was involved in taking bribes in the defence deals. It was telecast on Tehelka.com and Zee TV Network.Following the sting operation, a court of inquiry was held which recommended Ahluwalia’s dismissal from service. However, the then Army Chief, in his discretion, awarded him “severe displeasure (recordable)” and he was held to be "unbecoming of an army officer".In a detailed order, Justice Neena Bansal Krishna said that Tehelka and its journalists defamed Ahluwalia because he had never demanded any money; yet comments to this effect were shown in the news reports. The Court said that the apology in this case has now become irrelevant as he already suffered the Court of Inquiry and was declared "unbecoming of an army officer". “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. Considering the enormity of the nature of defamation, apology at this stage is not only inadequate but is meaningless,” the Court said..Ahluwalia had approached the Court in 2002 arguing that Tehelka’s video tape as well as transcript created an impression that he demanded Blue Label Whisky and ₹10 lakh from the reporter. The allegations sullied his image, cast aspersions on his character and reputation and his plea of innocence went unheard.The plaintiff asserted that the allegations in the video were false, motivated, mischievous and done deliberately without ascertaining the true facts. He added that the video was tampered with and doctored to manipulate the recording and selective portions had been deleted and editorial comments had been added which were not substantiated by facts.The news was picked up by most of the TV channels and print media. However, before the Army’s Court of Inquiry, Samuel (who was the author of the news in Tehelka) gave an exculpatory statement that Ahluwalia never demanded any money and had even refused to attend the dinner to be hosted in a five-star hotel or accept any other hospitality.In fact, Ahluwalia’s statement, “I am only giving you a word of advice as a friend” was deleted from the video..After considering the case, Justice Krishna noted that there was neither any demand made by the plaintiff nor any money was paid to him and despite this, the news item contained the comments to this effect.These statements were figments of imagination of the defendants, the Court added.“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 ₹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 Bench said.It added,“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.”.Justice Krishna, therefore, concluded that a case of defamation was made out against Tehelka and its journalists and Ahluwalia was entitled to damages.The Court, however, said that the act of defamation on part of Zee and Subhash Chandra was not proved..“In view of the findings on issue No.1 and 2, the suit is dismissed against the defendant Nos. 5 to 7 [Zee and Chandra], and the damages in the sum of ₹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 finally ordered. .Advocates Chetan Anand and Akash Srivastava appeared for Major General MS Ahluwalia.Tehelka and its journalists were represented through Senior Advocate Meet Malhotra, Vivesh B Saharya, Akshat Agarwal and Palak.Senior Advocate Jayant Mehta with advocates Petal Chandhok and Mimansi Sethi appeared for Zee and Subhash Chandra. .[Read Judgment]