‘Surrender within 2 weeks’: SC rejects Tarun Tejpal’s plea for exemption from surrender
New Delhi: The Supreme Court on Tuesday rejected the plea of former Tehelka Editor-in-Chief Tarun Tejpal seeking exemption from surrendering and directed him to surrender within two weeks in connection with the 2013 rape case.
A single-judge bench of Justice Alok Aradhe directed Tejpal to file a surrender certificate on or before September 22, making it clear that his appeal against the conviction and 10-year rigorous imprisonment sentence would be heard on merits only after he surrenders.
The top court passed the order after hearing senior advocate Kapil Sibal, appearing for Tejpal, and Solicitor General Tushar Mehta, representing the Goa government.
Sibal submitted that Tejpal had been granted four weeks’ time by the Bombay High Court on August 6 to surrender. He argued that Tejpal had remained on bail throughout the proceedings, except for the initial six months, and is now a senior citizen.
He also referred to the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, to contend that the apex court could consider the exemption plea along with the appeal on merits.
Opposing the plea, SG Mehta submitted that Tejpal’s appeal could not be heard unless he either surrendered and produced a surrender certificate or obtained an exemption from surrender.
The Solicitor General also argued that reliance on the 1970 Act was misplaced as it was a temporary legislation and the appellate jurisdiction was now governed by the applicable statutory provisions.
After hearing the parties, Justice Aradhe said the Supreme Court had decided against Tejpal’s plea and asked his counsel how much time he would require to surrender.
Sibal sought two weeks, following which the top court recorded the request and directed Tejpal to surrender within that period.
The apex court ordered that if the surrender certificate is filed on or before September 22, the matter would be listed on that date for hearing on the merits of his appeal.
The Goa government had also moved the Supreme Court seeking enhancement of Tejpal’s 10-year rigorous imprisonment sentence imposed by the Bombay High Court in the sexual assault case.
On August 6, the Bombay High Court had set aside Tejpal’s acquittal by a sessions court and convicted him of rape and other offences under the Indian Penal Code (IPC).
A division bench of Justices Neela Gokhale and Amit Jamsandekar subsequently sentenced him to 10 years’ rigorous imprisonment and granted him time to surrender.
Tejpal was convicted under Sections 376(2)(f) and 376(2)(k) (rape), 354A (sexual harassment) and 354B (assault or use of criminal force against a woman with intent to disrobe) of the IPC.
The case stems from allegations by a junior colleague that Tejpal sexually assaulted her inside an elevator of a luxury hotel in Goa during an event in November 2013. The Goa Police registered an FIR against Tejpal for offences including rape, following which he was arrested in November 2013 after a local court rejected his anticipatory bail plea.
The Supreme Court granted him regular bail in July 2014.
In May 2021, the sessions court had acquitted Tejpal, holding that the prosecution had failed to prove its case beyond reasonable doubt and referring to alleged lapses in the investigation. The Goa government subsequently challenged the acquittal before the Bombay High Court, contending that the trial court had erred in appreciating the evidence on record.