The Supreme Court on Tuesday directed former Tehelka editor-in-chief Tarun Tejpal to surrender within two weeks in connection with his rape conviction. The 63-year-old journalist was convicted by the Goa Bench of the Bombay High Court on August 6 and sentenced to 10 years in prison for raping a former colleague in 2013. The High Court overturned his acquittal by a Goa trial court in 2021.
Tarun Tejpal has challenged the High Court's verdict in the Supreme Court, maintaining that he is a victim in the case. The Goa government, meanwhile, has filed a separate plea seeking an enhancement of his sentence.
During Tuesday's hearing, the issue of Tejpal's surrender came up before the Bench. Solicitor General Tushar Mehta, appearing for the Goa government, argued that Tejpal's appeal could not be taken up unless he first surrendered and submitted a surrender certificate. He said Tejpal could alternatively seek an exemption from surrender from the Supreme Court.
Tejpal's counsel, senior advocate Kapil Sibal, opposed the demand, pointing out that the Bombay High Court had already stayed the operation of the conviction. Sibal argued that requiring Tejpal to surrender again would therefore be inappropriate. However, he told the court that Tejpal was prepared to go into custody if the Supreme Court decided that he was not entitled to relief.
Under Supreme Court procedure, a person challenging a conviction is generally required to surrender and produce a surrender certificate. An exemption from surrender can also be sought while filing the appeal.
The case relates to allegations by a former female colleague who accused Tejpal of sexually assaulting her inside a hotel lift on November 7 and 8, 2013, during an event in Panaji. Tejpal was arrested on November 30 that year. In September 2017, he was formally charged with rape, sexual harassment and wrongful confinement under various provisions of the Indian Penal Code. He pleaded not guilty. A Goa Sessions Court acquitted him of all charges in May 2021, ruling that the prosecution had failed to establish the case beyond reasonable doubt. The Goa government subsequently challenged the acquittal before the Bombay High Court, leading to the August 6 conviction and 10-year sentence.
