Tarun Tejpal should have surrendered before challenging rape conviction: Goa tells Supreme Court

The Goa government on Monday told the Supreme Court that former Tehelka editor Tarun Tejpal, convicted in rape case, should should have surrendered before filing an appeal challenging his conviction before the top court.

Tejpal's appeal was listed before Justice Alok Aradhe today, in the chamber list in which matters are sometimes taken up for preliminary or procedural considerations before it is listed before a regular Bench.

Representing the Goa government, Solicitor General Tushar Mehta submitted,

"Existence of the appeal is dependent on either filing a certificate that he has surrendered or, alternatively, he will have to pray to Your Lordships to allow an exemption from surrendering. These are the two options. My respectful submission is, look at the seriousness of the matter."

Representing Tejpal, Senior Advocate Kapil Sibal countered that there was no need to surrender yet since the High Court itself had granted Tejpal time to surrender.

"This rule doesn’t apply because this is a case where stay has been granted by the High Court, so there is no question of applying this rule. Suppose the Court says no stay, I will have to go to jail. What’s the pleasure in my learned friend saying I must surrender and then appeal, when the High Court itself granted a stay and the order stands?" said Sibal.

Notably, on a request by Tejpal, the High Court, in its August 6 verdict, had granted him four weeks to surrender before the jail authorities, although it rejected his plea to stay the conviction. Going by this timeline, Tejpal has time till the first week of September to surrender.

Sibal today maintained that until then, Tejpal need not surrender. He urged Justice Aradhe to list Tejpa's appeal, filed on August 20, for hearing on August 31.

"I don't know why my learned friend (SG Mehta) insists that I must go to jail when I'm protected.. Allow me sir (to argue the appeal and seek interim protection); if this court says we don't think its a case for bail, then I'm inside... Lordship may decide. We are not seeking any extension. I'm already protected. No harm will be caused to anyone if the matter is listed on 31st," Sibal said.

After hearing both sides, Justice Aradhe said he would pass an appropriate order in the matter.

The case against Tejpal involves allegations that he sexually assaulted a junior colleague twice in 2013, in an elevator of a high-end hotel in Goa. The Goa Police subsequently registered a First Information Report (FIR) against Tejpal for various offences, including rape. 

He was arrested in November 2013 and later released on bail in July 2014. 

The trial against Tejpal commenced in 2017 and lasted for 4 years. In May 2021, the trial court acquitted Tejpal.

The High Court reversed the trial court acquittal on August 6 this year and convicted Tejpal for rape. He was sentenced to imprisonment for 10 years and a fine of over ₹10 lakh.

Tejpal has challenged this ruling before the Supreme Court.

"Everything she (complainant) has said is inconsistent with CCTV footage. Justice should be done. We have said what we wanted to say. Lordship may pass an order," Sibal argued today.

Meanwhile, the State of Goa has also moved the Supreme Court seeking enhancement of Tejpal's sentence to life imprisonment.

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