[Tarun Tejpal] Country has right to know what happened with woman who filed sexual assault complaint: SG Tushar Mehta opposes in-camera hearing

Former editor in chief of Tehelka magazine, Tarun Tejpal has moved the Bombay High Court at Goa seeking in-camera hearing of the appeal filed by the State government challenging his acquittal in the sexual assault case against his former female subordinate at Tehelka..Senior Advocate Amit Desai appearing for Tejpal, submitted that the application has been filed keeping in mind the nature of the case being heard. "Because of the sensitivity of the issue (in the case), what (evidence) that will be read out.. This is not adversarial, I believe," Desai submitted. He also informed the Court that every proceeding in the case so far had been through in-camera hearing only..Solicitor General Tushar Mehta appearing for the Goa government opposed the request submitting that while he would have normally agreed to such a request, in the present case he is opposing it as there is an 'institutional failure' which ended up deterring sexual assault victims from approaching courts. "The way our institution has failed, leaving an inevitable impression upon all victims of sexual violence, and onslaught, that it has a deterrent effect on potential victims. They might not come before the court."The country has a right to know what happened with the girl, who came with a complaint, precise facts, corroborative evidence," Mehta vehemently argued.."In a lighter vein, there are two ways clothes are removed, first is when accused removes clothes of the victim, and the second is when his clothes are removed in court of law," Mehta added..Desai however objected to such a submission. He argued that it was unfair to point fingers at the institution, only because the order was not in favour of the State. "Mr. Mehta appears for a bunch of institutions across the length and breadth of the country. The words that 'institution of judiciary has failed' have to be used carefully. Protection of the institution is foremost," Desai said..The Court granted time to Mehta to peruse the application for in-camera hearing and respond at the next hearing date.At this point, both counsel requested that this particular case be taken up for hearing through video conference, so that they can continue appearing before the Bench..The Bench, however, clarified that they will commence physical hearings from the next week, and directed the parties to approach the Chief Justice with a joint request for virtual hearing. The matter will be heard next on August 31, 2021..On May 21, the trial court had acquitted Tejpal of all charges including wrongful confinement, assault or criminal force with intent to outrage modesty, sexual harassment along with rape against his female colleague which was challenged by the State of Goa.The State then filed an appeal before the Bombay High Court challenging the acquittal order and seeking a retrial..Consulting Senior Advocates does not lessen credibility, judgment is consumed by sexual gossip: State of Goa in amended Tarun Tejpal appeal.One of the several grounds raised in the appeal was that the 527-page judgment was influenced by extraneous inadmissible material and 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

[Tarun Tejpal] Country has right to know what happened with woman who filed sexual assault complaint: SG Tushar Mehta opposes in-camera hearing

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