File photo of the Supreme Court.
In an embarrassment to the Navy, the Supreme Court today deprecated its decision to discharge a commander from service for interacting and exchanging explicit messages and photographs with a foreign woman, wife of another officer, on the pretext of allegedly passing sensitive information.
"Certainly it shocks our conscience that an officer should be thrown out like this," a bench headed by Chief Justice HL Dattu said while dismissing the appeal filed by the Centre against the decision of the Armed Forces Tribunal, which set aside the sacking of commander Kalyan Kumar.
"The Navy had alleged that the officer was leaking secrets including movement of warships. He was among three officers sacked from the Navy in May 2013 abruptly, without even a court-martial. In June 2014, an Armed Forces Tribunal in Mumbai had ordered that the Navy's decision was illegal and ordered that he be reinstated with full honours.
"The tribunal seems justified," said the bench, also comprising Justices SJ Mukhopadhya and AK Mishra, dismissing the arguments of Attorney General Mukul Rohatgi that exchanging explicit material with a foreign woman came under the category of conduct unbecoming of an officer.
The court noted that there was only an exchange of explicit messages and photographs. There was no evidence to suggest that the interaction threatened national security.
"This lady, a foreigner, is married to an Indian who comes to your home. Will you say you don't come with the lady? You and I mingle with foreigners," the bench observed, underscoring that associating with foreign nationals cannot be considered "taboo".
"Is it such a serious matter that court of inquiry is needed?" the bench said, asking the Attorney General to explain how could it be "in the interest of an organisation" when two adults are exchanging messages which are of no threat to national security.
The bench said the commander associated with the wife of another officer and there was nothing against him in the charge memo. Regular interaction between the two at clubs or having breakfast together can hardly be construed as a case for dismissal from service, it said.
Had a complaint been filed, the case would be different, it said. But here, in absence of a complaint, text messages between two adults were collected and made into a ground for misconduct.