LI Network
Published on: 22 July 2023 at 14:22 IST
The Delhi High Court ruled in favor of Major General MS Ahluwalia and ordering prominent journalists Tarun Tejpal, Aniruddha Bahal, and Mathew Samuel, along with the news platform Tehelka, to pay ₹2 crore in damages for defamation [Maj Gen MS Ahluwalia v M/s Tehelka.com & Ors].
The defamation case dates back to 2001 when Tehelka conducted a sting operation known as “Operation West End,” which alleged Ahluwalia’s involvement in accepting bribes related to defense deals. The sting operation was telecast on Tehelka.com and Zee TV Network, causing significant harm to Ahluwalia’s reputation.
Following the sting operation, a court of inquiry was convened, and Ahluwalia faced severe consequences as he was deemed “unbecoming of an army officer.” Although he was not dismissed from service, the incident had a lasting impact on his public image and character.
In a comprehensive ruling, Justice Neena Bansal Krishna stated that Tehelka and its journalists defamed Ahluwalia by falsely portraying him as demanding money, despite no such claims being made by the plaintiff. The Court emphasized that the subsequent apology offered by the defendants was rendered meaningless, given the extensive damage already inflicted upon Ahluwalia’s reputation.
Ahluwalia first approached the Court in 2002, arguing that the video and transcript of the sting operation created an erroneous impression of him demanding Blue Label Whisky and ₹10 lakh from the reporter. He vehemently denied the allegations, stating that the video was tampered with and selectively edited to manipulate the recording, thereby misrepresenting the facts.
Despite Ahluwalia’s plea of innocence, the news spread widely across various media channels. However, during the Army’s Court of Inquiry, journalist Mathew Samuel provided an exculpatory statement, confirming that Ahluwalia never demanded any money and even declined an invitation to a five-star hotel dinner or any other hospitality.
The Court’s careful examination of the case revealed that no demand was ever made by the plaintiff, and no money was exchanged, yet the news report included such statements. The Court firmly asserted that these comments were entirely fabricated by the defendants and did not reflect reality.
Justice Krishna highlighted the gravity of the defamation faced by Ahluwalia, a distinguished Major General in the Army, and described the false accusations of him accepting a bribe of ₹50,000 as an extreme attack on his integrity and honor. The publication of the false transcript on Tehelka.com and its continued presence on their website compounded the harm caused to Ahluwalia’s reputation.
Ultimately, the Court concluded that a clear case of defamation was established against Tehelka and its journalists, holding them liable for damages. However, the Court found that Zee and Subhash Chandra were not proven to have committed defamation.
As a result, the Court ordered Tehelka, Tarun Tejpal, Aniruddha Bahal, and Mathew Samuel to pay ₹2 crore in damages to Major General MS Ahluwalia as compensation for the serious harm inflicted on his reputation. Advocates Chetan Anand and Akash Srivastava represented Major General Ahluwalia, while Tehelka and its journalists were represented by Senior Advocate Meet Malhotra, Vivesh B Saharya, Akshat Agarwal, and Palak. Senior Advocate Jayant Mehta, along with advocates Petal Chandhok and Mimansi Sethi, appeared for Zee and Subhash Chandra.