It has become common today to express one’s opinion on social media and online platforms, but the words used against a person can also become a cause of legal dispute. A Gurugram court in a similar case against retired Group Captain Vinod K. of the Indian Air Force. Gandhi has been sentenced to 4 months in jail in the defamation case. The matter is related to calling retired Lieutenant General Raj Kadyan a ‘coward’. The court accepted that the use of such words for a senior military officer would be damaging to his reputation and honour.
This matter is during the One Rank One Pension (OROP) movement of defense personnel. According to the court, Vinod Gandhi had sent some emails regarding Raj Kadyan, in which derogatory and defamatory comments were made against him. These emails had reached ex-servicemen and members of other defense organizations. The court said that when any objectionable thing reaches a third person, it can come under the ambit of defamation.
What is the whole matter?
The matter is of the year 2016. Retired Lieutenant General Raj Kadyan, who has been the Deputy Chief of Army Staff (Training and Coordination) in the Army, had filed a complaint in the court. He had alleged that retired Group Captain Vinod Gandhi sent several emails to members of the Indian Ex-Servicemen Movement (IESM) and other ex-servicemen organisations.
In these emails, false, derogatory and defamatory allegations were made against Raj Kadyan. The allegation was that Vinod Gandhi called him a ‘coward’ and also said that he was not worthy of being addressed with an honorable post like Lieutenant General. It was also told in the case that the controversy started when Raj Kadyan raised the issue of alleged financial irregularities and misuse of funds in IESM. After this the dispute between the two parties increased.
Why did the court accept defamation?
Gurugram Court said in its decision that there is enough evidence that these emails were written and sent by Vinod Gandhi only. The court said that because these messages reached other people, it satisfied the requirement of publication required for defamation. The court said that calling an army officer a ‘coward’ who has served in the army for more than 40 years and has reached the high rank of Lieutenant General, can cause serious damage to his reputation.
What did the court say in the decision?
The court said, ‘The complainant served in the Indian Army for more than four decades and rose to the rank of Lieutenant General. Accusing such an officer of cowardice is inherently insulting and has a far more defamatory effect than a similar accusation in general social discussion. This allegation is a direct attack on the respect and credibility earned by the complainant throughout his distinguished military career.
Court did not give benefit of probation
The court found Vinod Gandhi guilty and sentenced him under section 500 of the Indian Penal Code (IPC). The court also said that they cannot be given the benefit of being released without punishment on the basis of probation i.e. good behaviour. However, considering his age and his service in the Indian Air Force, the court granted him interim bail till August 17, so that he could appeal against this decision.
This decision once again raises the question of how important is the responsibility of words along with the freedom to express one’s opinion on social media. The court made it clear that there is a legal limit between criticism and defamation, crossing which action can be taken.
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