"Certainly it shocks our conscience that an officer should be thrown out like this," a bench headed by Chief Justice H L Dattu said while dismissing the appeal filed by the Centre against the decision of the Armed Forces Tribunal setting aside the sacking of commander Kalyan Kumar.
"Tribunal seems to be justified with its order," the bench, also comprising Justices S J Mukhopadhya and A K Mishra said while not accepting the arguments of Attorney General Mukul Rohatgi that action of the officer indulging with a foreign lady by exchanging explicit materials was unbecoming of an officer.
The apex court noted that besides exchange of explicit messages and photographs between the two adults through internet, there was no other material to suggest that the interaction between the officer and the foreign national whom it termed as "Gori", in anyway threatened the 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 who is 'Gori'. Can in this society when you are married to an Indian and are a part of the Indian society, you will say don't come to my house?
"Though, she may be having white skin and married to an Indian, can you say don't come to my house? I and you mix with foreigners," the bench observed and added that mixing with foreigners cannot be consisered as a "taboo".
"Is it such a serious matter that court of inquiry is needed," the bench asked and wanted to know from the Attorney General "how could it be in the interest of an organisation when two adults are exchanging messages which is of no threat to national security.
"How could it be the misconduct when two individuals are involved and how it would be detrimental to national interest?"
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