scorecardresearch
Friday, Jan 27, 2023
Advertisement

SC judge recuses from hearing journalist Tarun Tejpal’s plea in sexual assault case

🔴 The acquittal of Tarun Tejpal, who was accused of sexually assaulting his then-woman colleague in the lift of a five-star hotel in Goa in November 2013, by a sessions court in May 2021 was challenged in the Goa bench of the high court by the state government.

tarun tejpal tehelka editor 2013 rape caseSenior advocate Amit Desai, who had appeared for Tejpal, had referred to the Law Commission and various judgements of high courts supporting his application for an in-camera hearing. (File Photo)

Supreme Court Judge Justice L Nageswara Rao on Friday recused himself from hearing the appeal of journalist Tarun Tejpal against the Bombay High Court’s order rejecting his plea for an in-camera hearing of the proceedings challenging his acquittal in a 2013 rape case.

“I recuse as at some stage in 2016, I had appeared for state of Goa in the matter. Let it be listed in some other court next week, said Justice Rao, who was sitting with Justice B R Gavai on the bench.

The bench was to hear the plea of Tejpal whose application for conducting an in-camera hearing of the proceedings under section 327 of the CrPC was rejected by the Goa bench of the Bombay High Court on November 24, last year.

The acquittal of the former editor-in-chief of Tehelka magazine, who was accused of sexually assaulting his then-woman colleague in the lift of a five-star hotel in Goa in November 2013, by a sessions court in May 2021 was challenged in the Goa bench of the high court by the state government.

Subscriber Only Stories
Delhi Confidential: Pro-public on Republic Day
Meet the woman who found name missing from voter list in UP — and took th...
At DGP meet, officers flag Islamist, Hindutva outfits in radicalisation
Lessons from Covid: Jharkhand’s first survey of migrants

Senior advocate Amit Desai, who had appeared for Tejpal, had referred to the Law Commission and various judgements of high courts supporting his application for an in-camera hearing.

The high court, however, had rejected the submissions.

Solicitor General Tushar Mehta, representing the Goa government, had argued that the judgement (of acquittal of Tejpal) by the district court is in the public domain.

“Section 327 applies for the purpose of inquiring into or trying any offence. It has limited application during inquiry or trial. The appeal is something very clear. Appeals, revisions, etc are neither investigation nor inquiry nor a trial,” he had said.

Advertisement

In its order in May last year, the Mapusa district and sessions court had held that the complainant had not shown the “kind of normative behaviour” expected from a “victim of sexual assault”.

The court had granted Tejpal the “benefit of the doubt” in the absence of corroborative evidence to support the allegations made by the complainant.

Challenging Tejpal’s acquittal, the state government had said that the court’s judgement was “coloured by prejudice and patriarchy”.

First published on: 21-01-2022 at 12:16 IST
Next Story

NEET-PG 2021 round 1 counselling result declared; here’s how to check

Latest Comment
Post Comment
Read Comments
Advertisement
Advertisement
Advertisement
Advertisement
close