The Supreme Court on Tuesday directed former Tehelka editor Tarun Tejpal to surrender within two weeks, rejecting his plea seeking exemption from surrender before his criminal appeal is taken up.
A bench led by Justice Alok Aradhe directed Tejpal to furnish a surrender certificate. The court said his appeal could be listed on September 22 if the certificate is filed by that date.
The development comes after the Bombay High Court overturned Tejpal’s acquittal in a 2013 sexual assault case and sentenced him to 10 years in prison.
Tejpal’s lawyers argue surrender is unnecessary
Senior advocates Kapil Sibal and Aman Lekhi, representing Tejpal, argued that there was no legal requirement for an accused to surrender before a criminal appeal could be listed.
Sibal referred to the Bombay High Court’s August 6 order, which gave Tejpal four weeks to surrender. He also submitted that the case was around 13 years old and pointed to Tejpal’s age and established roots in society.
“There is no point to send him to jail for five days,” Sibal argued, maintaining that a short period in custody before the appeal was heard would serve no purpose.
The lawyers also sought exemption from surrender so that the appeal could proceed without Tejpal first entering custody.
Supreme Court focuses on nature of offence
The bench, however, indicated that Tejpal’s request could not be considered without taking into account the nature of the offence and the sentence imposed by the high court.
The court observed that it would have to consider both “the nature of the offence and the sentence” before deciding the issue.
Solicitor General Tushar Mehta, appearing for the Goa government, opposed Tejpal’s plea. He argued that the Bombay High Court had suspended the operation of its judgment only to allow Tejpal to approach the Supreme Court with an exemption request.
According to Mehta, the high court order did not allow Tejpal to avoid the surrender requirement altogether.
He also stressed the seriousness of the allegations and described the case as one involving aggravated rape.
Sibal objected to that characterisation, while Lekhi argued that the rules governing surrender did not create an automatic bar to seeking exemption based on the nature of an offence.
Court gives Tejpal two weeks to surrender
After hearing the arguments, the Supreme Court concluded that the surrender issue had to be addressed before Tejpal’s appeal could be listed.
When the bench asked how much time Tejpal would need to surrender, Sibal sought two weeks.
The court rejected Tejpal’s application and directed him to surrender within the stipulated period.
The Supreme Court had on Monday also declined to list his appeal until his plea seeking exemption from surrender was decided.
What is the 2013 Tehelka sexual assault case?
Tejpal was accused of sexually assaulting a junior female colleague twice in an elevator during the Tehelka THiNK festival in Goa in November 2013.
A trial court acquitted him in May 2021. However, the Bombay High Court overturned that acquittal on August 6 and convicted him on two counts of aggravated rape, sentencing him to 10 years in prison and imposing a fine.
The high court criticised the trial court’s assessment of the evidence, holding that its approach to the complainant’s testimony was unreasonable and influenced by preconceived notions.
The high court also held that Tejpal occupied a position of dominance, control, trust and authority over the woman as her employer and mentor.
Goa government seeks tougher sentence
The legal battle is not limited to Tejpal’s appeal.
The Goa government has separately approached the Supreme Court challenging aspects of the high court judgment. It is seeking enhancement of the 10-year sentence to life imprisonment.
The state has also challenged the decision to make the sentences for the two aggravated rape convictions run concurrently, arguing that the alleged assaults occurred on successive days and constituted separate criminal acts.
For now, however, the immediate issue before the Supreme Court is clear: Tejpal must surrender within two weeks before his appeal can move forward.
