NEW DELHI: The Supreme Court on Monday heard former Tehelka editor Tarun Tejpal’s appeal against the Bombay High Court judgment that overturned his acquittal in the 2013 rape case and sentenced him to 10 years’ rigorous imprisonment.
A bench headed by Justice Alok Aradhe heard arguments from senior advocate Kapil Sibal, appearing for Tejpal, and Solicitor General Tushar Mehta, representing the Goa government.
The hearing began with the Goa government questioning whether Tejpal’s appeal was maintainable without proof of his surrender. The Solicitor General submitted that Tejpal must either produce a surrender certificate or seek exemption from surrender.
Sibal opposed the argument, pointing out that the Bombay High Court had given Tejpal four weeks to surrender and that the protection granted by the High Court was still in force.
He argued that Tejpal should not be required to surrender first and then approach the Supreme Court for relief while the High Court’s order remained operative.
Sibal also submitted that Tejpal’s case was a criminal appeal and not a bail application. He said that if the Supreme Court refused to stay the sentence, his client was prepared to surrender.
Mehta, however, relied on a previous Supreme Court judgment and argued that any suspension of sentence or temporary protection granted by a lower court could be extended only at the discretion of the Supreme Court.
During the hearing, Sibal also referred to the complainant’s allegations and argued that they were inconsistent with CCTV footage.
The court indicated that it would pass an order. Sibal requested that the matter be listed on August 31.
The Supreme Court’s order is now awaited and could determine the immediate course of Tejpal’s appeal against the 10-year sentence.
