Goa Government’s Stance on Tejpal’s Conviction Appeal
The Goa government has advised the Supreme Court that former Tehelka editor Tarun Tejpal, convicted in a rape case, should have surrendered before approaching the apex court to challenge his conviction. This legal development was presented during a chamber list session presided over by Justice Alok Aradhe, which often addresses preliminary or procedural considerations before a full bench hearing.
Arguments Presented by the Solicitor General
Solicitor General Tushar Mehta, representing the Goa government, emphasized the procedural norms, stating, “The existence of the appeal is contingent upon either submitting a certificate of surrender or alternatively, requesting an exemption from surrendering. Considering the gravity of the matter, these are the available options.”
Defense by Senior Advocate Kapil Sibal
On behalf of Tejpal, Senior Advocate Kapil Sibal argued that surrender was unnecessary at this stage, as the High Court had already provided Tejpal with time to surrender. Sibal pointed out, “This rule doesn’t apply here since a stay has been granted by the High Court. If the court denies a stay, I will face imprisonment. Why must I surrender and then appeal when the High Court’s stay order is in effect?”
High Court’s Previous Ruling
Previously, on August 6, the High Court had allowed Tejpal four weeks to surrender, despite rejecting his plea to stay the conviction. This timeline grants Tejpal until the first week of September to comply. Sibal requested that Justice Aradhe schedule the hearing for Tejpal’s appeal, filed on August 20, for August 31.
Current Status and Legal Proceedings
After considering both arguments, Justice Aradhe committed to issuing an appropriate order. The case revolves around allegations that Tejpal sexually assaulted a junior colleague in the elevator of a luxury hotel in Goa in 2013. An FIR was filed by the Goa Police, leading to Tejpal’s arrest in November 2013. He was granted bail in July 2014.
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Trial and Conviction Details
The trial, which began in 2017, concluded in May 2021 with Tejpal’s acquittal by the trial court. However, the High Court overturned this decision on August 6, convicting him of rape and imposing a 10-year imprisonment sentence along with a fine exceeding ₹10 lakh. Tejpal has contested this ruling in the Supreme Court.
Additional Appeals
In a parallel move, the State of Goa has petitioned the Supreme Court to increase Tejpal’s sentence to life imprisonment. “Everything the complainant has said contradicts CCTV footage. Justice should prevail. We have made our arguments, and the court may pass its order,” Sibal stated.
Stay updated with live coverage of the Supreme Court hearing regarding Tejpal’s appeal against the Bombay High Court’s judgment, reversing his acquittal and imposing a 10-year rigorous imprisonment sentence for the 2013 rape case.
