Supreme Court Directs Tarun Tejpal to Surrender Within Two Weeks in 2013 Rape Case
New Delhi: Former Tehelka editor-in-chief Tarun Tejpal has suffered a setback in the Supreme Court. The court on Tuesday, August 25, directed him to surrender within two weeks in connection with the 2013 Goa rape case.
The Supreme Court rejected Tejpal’s plea seeking exemption from surrender. It also made clear that his appeal against the conviction will be considered after he submits a surrender certificate.
Justice Alok Aradhe heard the matter. Senior advocate Kapil Sibal represented Tejpal. Solicitor General Tushar Mehta appeared for the Goa government.
The court has posted Tejpal’s appeal for hearing on September 22. The hearing will proceed if he files the surrender certificate by then.
Goa Government Opposes Exemption
During Monday’s hearing, the Goa government argued that Tejpal should surrender before pursuing his appeal in the Supreme Court.
Tushar Mehta referred to the Supreme Court Rules, 2013. He argued that Tejpal needed either a surrender certificate or a separate application seeking exemption from surrender.
Kapil Sibal opposed this position. He argued that Tejpal had already been given time by the Bombay High Court to surrender.
The Supreme Court, however, rejected the request for exemption and directed Tejpal to complete the surrender process within two weeks.
Bombay High Court Convicted Tejpal
The latest Supreme Court order follows a major judgment by the Bombay High Court earlier this month.
On August 6, the Bombay High Court overturned Tejpal’s 2021 acquittal by the Goa trial court. The High Court convicted him in the 2013 rape case and sentenced him to 10 years of rigorous imprisonment.
The court had initially directed Tejpal to surrender within two weeks. His lawyers sought additional time, after which the surrender period was extended to four weeks.
The High Court also imposed a fine of more than ₹10 lakh. The conviction followed the Goa government’s appeal against the earlier acquittal.
What Happened in the 2013 Case?
The case dates back to November 2013. A junior female colleague accused Tejpal of sexually assaulting her inside a hotel elevator in Goa.
The alleged incidents took place during Tehelka’s ThinkFest event. Tejpal was arrested in November 2013 and was later granted bail in July 2014.
The trial began in 2017. In May 2021, the Goa Sessions Court acquitted Tejpal of all charges.
The Goa government challenged that verdict before the Bombay High Court. After examining the case, the High Court overturned the acquittal and found Tejpal guilty.
High Court Rejects ‘Perfect Victim’ Approach
In its judgment, the Bombay High Court strongly criticised the approach adopted by the trial court while assessing the complainant’s conduct.
The High Court said a sexual assault survivor cannot be expected to behave according to a fixed idea of a “perfect victim”. It also questioned the treatment of the complainant’s personal life during the trial.
The court convicted Tejpal on charges including aggravated rape, sexual harassment and use of criminal force.
Why Did the High Court Not Award Life Imprisonment?
The High Court imposed a 10-year rigorous imprisonment sentence. It considered the long passage of time since the incident and the absence of evidence showing further criminal conduct by Tejpal.
The court opted for the minimum punishment applicable in the circumstances. Tejpal had sought leniency during sentencing, citing his age and family circumstances.
The Goa government has separately challenged the quantum of punishment in the Supreme Court. It is seeking a life sentence and has also questioned the direction for the sentences to run concurrently.
Tejpal Calls Himself a ‘Political Victim’
During the sentencing hearing, Tejpal sought a lenient sentence. He told the court that he was 62 years old and had a wife and two daughters.
He also described himself as a “political victim” while requesting the court to show leniency.
The Supreme Court’s latest order does not decide Tejpal’s appeal against his conviction. For now, the court has directed him to surrender and submit the required certificate before his appeal is taken up on merits.
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