Delhi High Court awards Rs 2 cr to army officer in defamation case

Image used for representational purpose. Pic/iStock

In a defamation case against a news portal, the Delhi High Court has awarded Rs 2 crore to an Indian Army officer, Major General M S Ahluwalia. The case was related to a 2001 "expose" by the news portal Tehelka.Com, which alleged his involvement in corruption in defense procurement, reported PTI.

Justice Neena Bansal Krishna presided over the case and directed that the amount of Rs 2 crore 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 court found that the publication had caused serious harm to the reputation of the honest army officer. An apology issued 23 years after the publication was deemed inadequate and meaningless by the court. The judge noted that the plaintiff not only faced a lowering of estimation in the eyes of the public but also had his character maligned with serious allegations of corruption, which no subsequent refutation could redress or heal.

The court dismissed the case against Zee Telefilm Ltd and its officials, as the plaintiff could not prove any act of defamation on their part for telecasting the story following an arrangement with the news portal.

The court observed that while truth is considered the best vindication against slander, it lacks the power to fully restore one's reputation once it has been tarnished in the eyes of society. It emphasized that the damages awarded were for causing defamation, and the plaintiff was entitled to the compensation along with the costs of the suit.

The news portal had carried a story titled "Operation West End" on March 13, 2001, which alleged corruption in defense deals related to the import of new defense equipment. Major General M S Ahluwalia claimed that he was defamed in the story by being wrongly portrayed as having accepted a bribe.

The court rejected the defense of "truth," "public good," and "good faith" pleaded by the defendants, stating that falsely imputing bribe acceptance to a person of integrity is a severe form of defamation. It was noted that the consequences of such reporting led to a Court of Inquiry against the plaintiff, and though no misconduct was proven, "serious displeasure" was issued against him.

The court also highlighted that the comments made by one of the defendants (Aniruddha Bahal) were false and defamatory, and there could not be a more blatant case of causing harm to the reputation of an honest army officer who refused to accept any bribe.

As a result, the court ruled in favor of Major General M S Ahluwalia, awarding him Rs 2 crore in damages and holding the defendants responsible for defamation.

(With inputs from PTI)