Former Tehelka editor-in-chief Tarun Tejpal surrendered before the Mapusa court in Goa on Monday in connection with the 2013 rape case. The surrender followed a Supreme Court order directing him to do so before his appeal against the conviction is taken up for hearing.
The case relates to allegations by a female journalist, who accused Tejpal of sexually assaulting her inside a hotel elevator on November 7 and 8, 2013. Tejpal was arrested on November 30, 2013, in connection with the allegations.
Last month, the Supreme Court rejected Tejpal’s plea seeking exemption from surrendering until his petition challenging the Bombay High Court judgment convicting him was listed before the top court. The Supreme Court subsequently directed him to surrender within three weeks.
A bench headed by Justice Alok Aradhe also directed Tejpal to submit the surrender certificate before the Court. The single-judge bench agreed to list his criminal appeal on September 22, subject to him furnishing the surrender certificate by that date.
Tejpal had sought an exemption from surrendering, arguing that his appeal should be listed and heard by the Supreme Court first. Senior Advocate Kapil Sibal, representing Tejpal, submitted that the Court has the authority to waive the surrender requirement in appropriate cases and list a criminal appeal even if the accused has not surrendered.
Solicitor General of India (SGI) Tushar Mehta, appearing for the State of Goa, opposed the plea and argued that the application seeking exemption should be considered on the merits of the case. He referred to the Bombay High Court’s findings and submitted that the matter involved an aggravated offence of rape, for which Tejpal was sentenced to 10 years of rigorous imprisonment.
Justice Aradhe also observed that the Court was considering Tejpal’s plea for exemption because it had the authority to grant such relief.
Sibal argued that Tejpal’s case challenged the High Court’s decision reversing his acquittal and that the merits of the appeal deserved consideration. However, the Court said it had already examined the High Court judgment and directed both sides, Tejpal and the State of Goa, to restrict their submissions to the issue of exemption.
The Court asked how much time Tejpal would need to surrender. After being informed that three weeks would be required, it rejected the plea seeking exemption and directed Tejpal to surrender within three weeks and submit proof of his surrender.
The Court further ordered that, upon submission of the surrender certificate, Tejpal’s appeal against the Bombay High Court judgment be listed on September 22.
Bureau Report
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