Operation West End: Delhi High Court’s verdict
The Delhi High Court on Friday ordered journalists Tarun Tejpal, Aniruddha Bahal, and Mathew Samuel and news platform Tehelka to pay Rs.2 crore in damages to former Army officer, Major General M S Ahluwalia for defamation. 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 order says that Tehelka falsely reported that the army officer sought money and liquor bottles. The reporter Mathew Samuel who conducted sting operation later in an army’s court of inquiry deposed that Major Ahluwalia never asked for any money or liquor. 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 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 the 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 the 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 Bench said.
“The comments added by defendant no. 3 [Aniruddha Bahal] is 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 the defendant, had refused to accept any bribe,” said the order.
The order said 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 the 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 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 finally ordered. The detailed order and turn of events of this case are reported in detail, along with the order published by the portal Bar and Bench.[1]
Reference:
[1] Delhi High Court orders Tehelka, Tarun Tejpal, others to pay ₹2 crore to former Army Officer for defaming him in 2001 sting operation – Jul 22, 2023, Bar and Bench
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Good judgement. Hope it is tax free