Mapusa

Former Tehelka editor-in-chief Tarun Tejpal surrendered before the Mapusa court in Goa on Monday in the 2013 rape case, following the Supreme Court’s order requiring him to surrender before his appeal against the conviction is taken up for hearing. 

The case pertains to allegations made by a female journalist who accused Tejpal of sexually assaulting her inside a hotel elevator on November 7 and 8, 2013. Tejpal was arrested on November 30, 2013, on those charges.

Last month, the Supreme Court rejected Tejpal's plea seeking exemption from surrendering before his plea filed against the Bombay High Court judgement convicting him is listed in the top court and ordered him to surrender within three weeks.

A bench of Justice Alok Aradhe also directed Tejpal to furnish the surrender certificate before the Court. The single-judge bench also agreed to list his criminal appeal on September 22, provided he submits the surrender certificate by then.

Tejpal had sought exemption from surrendering on the ground that his appeal should first be listed and heard by the Supreme Court. Senior Advocate Kapil Sibal, appearing for Tejpal, argued that the Court has the power to dispense with the requirement of surrender in an appropriate case and list the criminal appeal even where the accused has not surrendered.

Solicitor General of India (SGI) Tushar Mehta, appearing for the State of Goa, opposed the plea and submitted that the exemption application had to be considered in light of the merits of the case. He relied on the findings of the Bombay High Court and submitted that the case involved an aggravated offence of rape for which Tejpal had been sentenced to 10 years of rigorous imprisonment.

Justice Aradhe observed that the Court was considering the exemption plea precisely because it had the power to do so.

Sibal submitted that Tejpal's case involved a challenge to the High Court's reversal of his acquittal and that the merits of the appeal warranted consideration. The Court, however, made clear that it had gone through the High Court judgment and asked either party - Tejpal and the State of Goa to confine its submissions to the question of exemption. 

READ MORE:Mizan – Towards a new Muslim imagination

The Court asked how much time Tejpal would require to surrender. Following the submission that three weeks would be required, the Court rejected the application seeking exemption and directed Tejpal to surrender within three weeks and furnish proof of surrender.

The Court further directed that, if the surrender certificate is furnished, Tejpal's appeal against the Bombay HC judgement be listed on September 22.