News Analysis India

Tag: Tarun Tejpal

  • Supreme Court Judge UU Lalit recuses from hearing Tarun Tejpal’s plea in sexual assault case

    By PTI

    NEW DELHI: Senior-most Supreme Court Judge Justice UU Lalit on Monday recused himself from hearing the appeal of journalist Tarun Tejpal against the Bombay High Court’s order rejecting his plea for an in-camera hearing of the proceedings challenging his acquittal in a 2013 rape case.

    Justice Lalit, who was presiding the bench which also comprised Justices S Ravindra Bhat and P S Narasimha, recused from the matter as he had earlier represented Tejpal before the Supreme Court.

    The matter has now been referred to Chief Justice N V Ramana for listing before a bench to which Justice Lalit and Justice L Nageswara Rao are not part.

    Earlier on January 21, Justice Rao had recused from the case saying, “I recuse as at some stage in 2016, I had appeared for the state of Goa in the matter. Let it be listed in some other court next week.”

    Now Justice Lalit recused and consequently, the hearing will be done by a third bench.

    The top court is to hear the plea of Tejpal whose application for conducting an in-camera hearing of the proceedings under section 327 of the CrPC was rejected by the Goa bench of the Bombay High Court on November 24, last year.

    The acquittal of the former editor-in-chief of Tehelka magazine, who was accused of sexually assaulting his then-woman colleague in the lift of a five-star hotel in Goa in November 2013, by a sessions court in May 2021 was challenged in the Goa bench of the high court by the state government.

    Senior advocate Amit Desai, who had appeared for Tejpal, had referred to the Law Commission and various judgements of high courts supporting his application for an in-camera hearing.

    The high court, however, had rejected the submissions.

    Solicitor General Tushar Mehta, representing the Goa government, had argued that the judgement (of acquittal of Tejpal) by the district court is in the public domain.

    “Section 327 applies for the purpose of inquiring into or trying any offence. It has limited application during inquiry or trial. The appeal is something very clear. Appeals, revisions, etc are neither investigation nor inquiry nor a trial,” he had said.

    In its order in May last year, the Mapusa district and sessions court had held that the complainant had not shown the “kind of normative behaviour” expected from a “victim of sexual assault”.

    The court had granted Tejpal the “benefit of the doubt” in the absence of corroborative evidence to support the allegations made by the complainant.

    Challenging Tejpal’s acquittal, the state government had said that the court’s judgement was “coloured by prejudice and patriarchy”.

  • SC to hear plea of journalist Tejpal for in-camera hearing of appeal in sexual assault case

    By PTI

    NEW DELHI: The Supreme Court would hear on Friday the appeal of journalist Tarun Tejpal against the Bombay High Court’s order rejecting his plea for an in-camera hearing of the proceedings challenging his acquittal in a 2013 rape case.

    A bench comprising Justices L Nageswara Rao and B R Gavai has listed for hearing the plea of Tejpal whose application for conducting an in-camera hearing of the proceedings under section 327 of the CrPC was rejected by the Goa bench of the Bombay High Court on November 24, last year.

    The acquittal of the former editor-in-chief of Tehelka magazine, who was accused of sexually assaulting his then-woman colleague in the lift of a five-star hotel in Goa in November 2013, by a sessions court in May 2021 was challenged in the Goa bench of the high court by the state government.

    Senior advocate Amit Desai, who had appeared for Tejpal, had referred to the Law Commission and various judgements of high courts supporting his application for an in-camera hearing.

    The high court, however, had rejected the submissions.

    Solicitor General Tushar Mehta, representing the Goa government, had argued that the judgement (of acquittal of Tejpal) by the district court is in the public domain.

    “Section 327 applies for the purpose of inquiring into or trying any offence. It has limited application during inquiry or trial. The appeal is something very clear. Appeals, revisions, etc are neither investigation nor inquiry nor a trial,” he had said.

    In its order in May last year, the Mapusa district and sessions court had held that the complainant had not shown the “kind of normative behaviour” expected from a “victim of sexual assault”.

    The court had granted Tejpal the “benefit of the doubt” in the absence of corroborative evidence to support the allegations made by the complainant.

    Challenging Tejpal’s acquittal, the state government had said that the court’s judgement was “coloured by prejudice and patriarchy”.

  • Lawyer tests positive for Covid, Tarun Tejpal case hearing postponed by Goa HC

    By PTI

    PANAJI: The Goa bench of the Bombay High Court on Monday postponed the hearing in the Tarun Tejpal case to December 12 after one of this lawyers said a colleague had tested positive for COVID-19.

    Advocate Raunaq Rao, representing Tejpal, told a division bench of Justices Revati Mohite Dere and M S Jawalkar that a lawyer briefing senior counsel Amit Desai had tested COVID-19 positive, and requested a postponement, which was granted.

    Tejpal, the former editor in chief of Tehelka magazine, who was accused of sexually assaulting his then woman colleague in the lift of a five-star hotel in Goa in November 2013, was acquitted by a sessions court in May this year.

    The acquittal was challenged in the HC by the Goa government.

  • Bombay HC to hold virtual hearing in Tarun Tejpal case on October 27

    By PTI

    PANAJI: The Goa Bench of the Bombay High Court on Monday said it will hear virtually on October 27 the Goa government’s appeal against journalist Tarun Tejpal’s acquittal in a 2013 rape case.

    A bench of Justices M S Sonak and M S Jawalkar adjourned the matter till October 27 after Goa’s Advocate General Devidas Pangam and a lawyer representing Tejpal asked for a next date of hearing.

    Justice Sonak said the court will set up the facility for virtual hearing into the matter by the next date.

    The hearing into the matter would be held virtually as Solicitor General of India Tushar Mehta, representing the Goa government, will participate in the court proceedings from Delhi.

    Advocate General Pangam said the hearing on Monday was held to decide the next date (of hearing into the matter).

    Earlier, the HC had on August 31 adjourned the hearing on the Goa government’s appeal against Tejpal’s acquittal in the rape case till September 20, pending request before the Chief Justice for a hybrid (physical plus virtual) hearing into the matter.

    Before that, the matter was being heard online.

    On August 31, for the first time the matter was taken up physically, in the wake of the Goa government relaxing several COVID-19 curbs.

    Last month, Tejpal in a submission before the HC sought an ‘in-camera’ hearing of the Goa government’s petition challenging his acquittal in the case, and sought its dismissal while raising preliminary objections on its maintainability.

    However, Solicitor General Tushar Mehta had at that time opposed Tejpal’s request for the ‘in-camera’ hearing, saying the “country has the right to know how the institution dealt with the girl (victim)”.

    On May 21 this year, a sessions court acquitted Tejpal, the former editor-in-chief of the Tehelka magazine, in the case where he was accused of sexually assaulting his then colleague in a lift of a five-star hotel in Goa in November 2013 when they were attending an event.

    Later, the Goa government filed an appeal against it in the HC.

  • Tarun Tejpal urges HC for ‘in-camera’ hearing of Goa govt’s plea against his acquittal in sexual assault case

    By PTI

    PANAJI: Journalist Tarun Tejpal in a submission before the Bombay High Court on Tuesday sought an “in-camera” hearing of the Goa government’s petition challenging his acquittal in a 2013 rape case, and sought its dismissal while raising preliminary objections on its maintainability.

    However, Solicitor General of India Tushar Mehta, appearing for the Goa government, opposed Tejpal’s request for the ‘in-camera’ hearing, saying the “country has the right to know how the institution dealt with the girl (victim)”.

    On May 21, a sessions court acquitted Tejpal, the former editor-in-chief of the Tehelka magazine, in the case where he was accused of sexually assaulting his then colleague in a lift of a five-star hotel in Goa in November 2013 when they were attending an event.

    Later, the Goa government filed an appeal against it in the HC.

    ALSO READ | SC closes plea on trial in sexual assault case against Tarun Tejpal, says court rendered verdict

    On Tuesday, Tejpal’s lawyer Amit Desai requested the high court’s bench at Goa comprising Justices M S Sonak and M S Jawalkar to hold the hearing “in-camera”, as was done in the past during the trial of the case in the lower court.

    He said the hearing should be held “in-camera”, considering the sensitivity of the matter and the allegations.

    The lawyer said he has filed a formal application before the bench to consider the request.

    Desai also questioned the maintainability of the petition filed by the state government, and sought to dismiss it, claiming it to be “defective” and “not in compliance” with the procedure as mentioned under Criminal Procedure Code Section 378 (appeal in case of acquittal).

    However, Solicitor General Tushar Mehta told the court that he would have to go through the application seeking ‘in-camera’ hearing of the case.

    ALSO READ | Bombay HC issues notice to Tarun Tejpal, criticises lower court’s handling of sexual assault case

    “Normally, I would not have objected, but the way this institution has failed, leaving an inevitable impression upon all victims of sexual onslaught, that it has a deterrent effect amongst those who are potential victims,” he said.

    “The country has the right to know how this institution has dealt with the girl who came before the court with a complaint, specific allegation, proofs and corroborative evidence,” he argued.

    Desai said it was not right for Mehta to comment on the case until the final conclusion in the matter.

    “We should not make comments on the institution of judiciary just because the Goa government did not appreciate the judgement,” he added.

    The bench fixed August 31 for next hearing.

    Both Mehta and Desai requested for the hearing through video-conferencing as they are not based in Goa.

    The judges said their application for virtual hearing should be made to the Bombay High Court’s Chief Justice.

  • SC closes plea on trial in sexual assault case against Tarun Tejpal, says court rendered verdict

    By PTI
    NEW DELHI: The Supreme Court on Monday closed the case related to extension of time after noting that a trial court in Goa has completed the trial by rendering acquittal verdict in the sexual assault case against Tehelka magazine founder Tarun Tejpal.

    On May 21, a trial court of Mapusa town of Goa acquitted Tejpal, the former editor-in-chief of the Tehelka magazine, in the case where he was accused of sexually assaulting his then woman colleague in a lift of a five-star hotel in Goa in November 2013 when they were attending an event.

    The state has also filed an appeal in the case.

    The apex court, in October last year, had extended till March 31, 2021 the time for completing trial in the sexual assault case at the request of the trial judge.

    The Goa government had also earlier moved the top court seeking extension of time to complete the trial.

    “The trial is concluded, Now, no order is required (on extension),” a bench of justices Ashok Bhushan, Vineet Saran and M R Shah said while closing the case.

  • HC to hear Goa govt’s appeal against Tarun Tejpal’s acquittal in sexual assault case on July 29

    By PTI
    PANAJI: The Goa bench of the Bombay High Court on Thursday adjourned till July 29 an appeal filed by the Goa government against the acquittal of journalist Tarun Tejpal in a 2013 rape case.

    A division bench of Justices M S Sonak and M S Jawalkar allowed the government to amend their appeal and serve a copy of the same along with all related documents to Tejpal.

    Senior advocate Kapil Sibal, appearing for Tejpal, told the bench they would require some time to prepare.

    ALSO READ | Tarun Tejpal acquittal likely to deter other victims from reporting sexual assault cases: Activists

    The bench then said it would hear the appeal on July 29.

    It directed the government to amend their petition within one week and serve a copy of the same in one week thereafter.

    On May 21, Sessions Judge Kshama Joshi acquitted Tejpal, the former editor-in-chief of the Tehelka magazine, in the case where he was accused of sexually assaulting his then colleague in a lift of a five-star hotel in Goa in November 2013 when they were attending an event.

    The trial court had in its judgement questioned the victim’s conduct, holding that she did not exhibit any kind of “normative behaviour” such as trauma and shock, which a victim of sexual assault might plausibly show.

  • Bombay HC issues notice to Tarun Tejpal, criticises lower court’s handling of sexual assault case

    By Express News Service
    NEW DELHI:  The Bombay High Court on Wednesday issued a notice to senior journalist Tarun Tejpal on the appeal filed by the Goa government against his recent acquittal in the 2013 rape case.

    The Goa bench of the Bombay High Court orally observed that the sessions court’s judgment acquitting journalist Tarun Tejpal was like a ‘manual for rape victims’ as it goes into how a victim should respond in such cases.

    The judge observed that there is a prima facie case made out against Tejpal in the appeal and asked  for all records from the trial court to be sent to the high court and slated the hearing for June 24.

    In its appeal challenging the acquittal of Tejpal, the Goa government has said that it was a fit case for retrial, citing the trial court’s lack of understanding of a victim’s post-trauma behaviour and censuring of her character.

    The Goa government has said the trial court “considered the evidence given by defence witnesses as gospel truth, but at the same time discredited without any finding the evidence given by the victim and the prosecution witnesses”.

    It also claimed that the trial court completely ignored the most telling piece of evidence in the case (the apology e-mail) “which established the guilt of the accused beyond a shadow of doubt”.

    On May 21, sessions judge Kshama Joshi acquitted Tejpal in the case where he was accused of sexually assaulting his then woman colleague in a lift of a five-star hotel in Goa in November 2013 when they were attending an event.

    The trial court had questioned the woman’s conduct, noting she did not exhibit any kind of “normative behaviour” such as trauma and shock which a victim of sexual assault might plausibly show.

    Subsequently,  the Goa government filed an appeal before the high Court calling for the setting aside of the acquittal order and seeking a retrial. 

  • Victim shaming order acquitting Tarun Tejpal in sexual assault case contested

    By Express News Service
    MUMBAI: The Goa government in its amended petition in the Bombay High Court said the acquittal of journalist Tarun Tejpal’s in a sexual assault case was a fit for retrial as the lower court had shown a lack of understanding of a victim’s post-trauma behaviour and censured her character. 

    The appeal, filed before the Goa bench, was amended to bring on record the judgment and include further grounds against the acquittal of Tejpal.

    The government said the trial court “considered the evidence given by defence witnesses as gospel truth, but at the same time discredited without any finding the evidence given by the victim and the prosecution witnesses”. 

    It also claimed that the trial court completely ignored the most telling piece of evidence in the case (the apology e-mail) “which established the guilt of the accused beyond a shadow of doubt”.

    On May 21, sessions judge Kshama Joshi acquitted Tarun Tejpal, former editor-in-chief of Tehelka magazine, in the case where he was accused of sexually assaulting his then woman colleague in a lift of a a five-star hotel in Goa in November 2013 when they were attending an event. 

    The trial court in its judgment questioned the woman’s conduct, noting she did not exhibit any kind of “normative behaviour” such as trauma and shock which a victim of sexual assault might plausibly show.

    The Goa government later filed an appeal against the acquittal. In its amended appeal, which will be heard on June 2, the state government said the trial court had “lost sight” of the fact that it was Tejpal who was an accused and was on trial, and not the victim.

    “The entire judgment focuses on indicting the complainant rather than trying to ascertain the culpable role of the accused,” the appeal said. The finding of the trial court on how a woman, who has been a victim of sexual assault, behaves is “unsustainable in law” it said.

  • Goa government seeks retrial in Tejpal case; cites trial court’s observations

    By PTI
    MUMBAI: The Goa government in its appeal before the Bombay High Court against journalist Tarun Tejpal’s acquittal in a rape case said it was a fit case for retrial, citing the trial court’s lack of understanding of a victim’s post-trauma behaviour and censuring of her character.

    The appeal, filed before the HC’s Goa bench, was amended this week to bring on record the judgement and to include further grounds against the acquittal of Tejpal.

    The government said the trial court “considered the evidence given by defence witnesses as gospel truth, but at the same time discredited without any finding the evidence given by the victim and the prosecution witnesses”.

    It also claimed that the trial court completely ignored the most telling piece of evidence in the case (the apology e-mail) “which established the guilt of the accused beyond a shadow of doubt”.

    On May 21, sessions judge Kshama Joshi acquitted Tejpal, former editor-in-chief of the Tehelka magazine, in the case where he was accused of sexually assaulting his then woman colleague in a lift of a five-star hotel in Goa in November 2013 when they were attending an event.

    The trial court in its judgement questioned the woman’s conduct, noting she did not exhibit any kind of “normative behaviour” such as trauma and shock which a victim of sexual assault might plausibly show.

    The Goa government later filed an appeal against the acquittal.

    In its amended appeal, which will be heard on June 2, the state government said the trial court had “lost sight” of the fact that it was Tejpal who was an accused and was on trial, and not the victim.

    “The entire judgement focuses on indicting the complainant rather than trying to ascertain the culpable role of the accused,” the appeal said.

    The finding of the trial court on how a woman, who has been a victim of sexual assault, normally behaves is “unsustainable in law and is coloured by prejudice and patriarchy”, it said.

    In its appeal, the prosecution sought the HC to expunge several portions of the judgement that cast aspersions not only on the prosecution’s case, but also on the victim.

    “This fact, accompanied by other attendant circumstances, clearly makes out a case for retrial in accordance with law,” the prosecution said.

    Referring to portions in the judgement which noted that the CCTV footage and photographs from the event show the victim cheerful and smiling, the government in its appeal said the observations “betray a complete lack of understanding of the post-trauma behaviour of victims”.

    They (observations of trial court) also demonstrate complete ignorance of the law and also several directions and guidelines passed by the Supreme Court (on how to handle such cases), it said.

    The trial court allowed “scandalous, irrelevant and humiliating questions” to be put before the victim, it said.

    “The trial court in its 527-page judgement has been influenced by extraneous and inadmissible materials and testimonies, graphic details of the victim’s sexual history, that is prohibited by law, and has used the same for purposes of censuring her character and discrediting her evidence,” the appeal said.

    The manner in which the evidence of the prosecutrix (victim) was recorded in the case by the trial court requires close “judicial scrutiny”, it said.

    “Much of the impugned judgement has been consumed by sexual gossip and alleged sexual fantasies related to the prosecutrix which are legally prohibited,” the appeal said.

    The victim in her statement to police and to the court had said that while she was traumatised and shocked after the incident, due to professional commitments she had continued working at the event, the appeal further said.

    On the trial court refusing to accept the apology e- mail sent by Tejpal to the victim, the government said the court has not given any cogent finding as to how a person of the education, age and maturity of the accused, who was in a position of power over the victim, could in any manner be pressured into apologising.

    “The trial court has completely ignored the most telling piece of evidence in the case (the apology e-mail) which established the guilt of the accused beyond a shadow of doubt,” the appeal said.

    It further claimed the trial court was wrong in questioning the victims conduct post the incident and that she confided in three of her male colleagues about the incident instead of her female roommate.