Supreme Court dismisses Tarun Tejpal plea for in-camera hearing in sexual assault case

The Supreme Court on Monday dismissed a plea filed by former Editor of Tehelka magazine Tarun Tejpal seeking in-camera hearing in the appeal filed by the State of Goa against his acquittal in a sexual assault case..A Bench of Chief Justice of India DY Chandrachud and Justice PS Narasimha said during the hearing,"You cannot say that an appeal will be held in-camera. Inquiry which leads up to trial and trial is in-camera. But how can accused say a right to demand it should be in-camera?".The Court was hearing Tejpal's plea challenging the order of the Bombay High Court at Goa which rejected his application for in-camera hearing of the appeal filed by the State of Goa against his acquittal in a sexual assault case..Appearing for Tejpal, Senior Advocate Amit Desai insisted that the proceedings in the appeal should be held in-camera. However, CJI Chandrachud said,"Can somebody who is an accused assert that the trial is in camera when the victim does not demand so?"Desai then argued,"Section 372(2) is not to protect a prosecutrix or the manner in which testimony is taken. But when false cases lead to acquittal and defence wants to rely on intimate relationship..."Senior Advocate Kapil Sibal, also representing the journalist, added,"This is going to be a media trial where my reputation is at stake."Solicitor General Tushar Mehta, appearing for the State of Goa, said at this point,"The judge had revealed the name of the victim in the judgment and it is an encyclopaedia as to how the victim should behave in such situations.".On the issue of whether the hearings in the appeal should take place physically or virtually, the Court said,"A communication of the Registrar (Judicial) of Bombay High Court has submitted that Chief Justice has directed that hearings take place virtually. However, application for physical hearing was made then. Let the High Court decide whether to hear virtually or physically.".Tejpal had sought in-camera hearing of the case citing Section 327 of the Code of Criminal Procedure (CrPC) as well as an order of Justice Gautam Patel of the Bombay High Court giving directions for in-camera hearings in cases under the Prevention of Sexual Harassment at Workplace Act.His contention was that every party has a right to place forth their case in the best possible manner. It would be unfair if lawyers have to curtail their submissions in view of the fact that some publication will publish something without taking due care, the plea stated.He added that Section 327 of the CrPC is no more just a statutory obligation, but has become a fundamental right..On May 21 last year, a trial court had acquitted Tejpal of all charges levelled against him including wrongful confinement, assault or criminal force with intent to outrage modesty, sexual harassment and rape against his female colleague. The acquittal was challenged by the State of Goa.One of the several grounds raised in the State's appeal was that the 527-page judgment was influenced by extraneous and inadmissible material and by testimonies and graphic details of the past sexual history of the victim, which is prohibited by law. The same was used for the purpose of censuring the prosecutrix's character, and discrediting her evidence, the appeal stated.Shortly after the State filed the appeal, Tejpal moved the High Court with an application seeking in-camera hearing of the matter. After the High Court rejected the plea, Tejpal approached the Supreme Court in appeal..[Read order]