November 28, 2013 1:52:39 am
The GOA Police has summoned the founder-editor of Tehelka magazine,Tarun Tejpal,for questioning Thursday in connection with allegations that he sexually assaulted a colleague as the state government vehemently opposed his plea for anticipatory bail saying the veteran journalist had failed all tests for such bail.
Justice Sunita Gupta of the Delhi High Court,after hearing arguments by both sides over his bail plea,said she would rule on the petition Friday.
Goa government counsel V Madhukar said Tejpal has been asked to appear before the Goa Police by 3 pm Thursday. The summons were issued Wednesday evening after the statement of his colleague was recorded before a magistrate in Goa under section 164 CrPC.
Earlier,senior advocate Mukul Rohatgi,who appeared for the Goa government in the bail plea hearing in the Delhi High Court,labeled Tejpal a coward for going underground after he was accused of sexually assaulting a young colleague.
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Tejpal sought anticipatory bail Tuesday claiming the rape allegation was a figment of the imagination and a result of the wrath of vengeance of Goas BJP government for the exposes published in his magazine.
This is as between a man married with a family dealing with an employee who is a friend of his daughter and whom he has known as a child…is this not depravity of the highest order? asked Rohatgi.
The position of dominance,position to manipulate job is ex-facie evident.
Alleging that there was admission of guilt by Tejpal in the email and here, Rohatgi told the court that Tejpal had failed all tests laid down by the courts for grant of anticipatory bail.
Arguing in a courtroom packed with journalists and lawyers,Rohatgi also said that as the alleged incident had occurred in Goa,the FIR registered there and the investigation being conducted there,the Delhi High Court did not have jurisdiction to try the case.
The lawyer also told the court that the alleged victim had given a statement to the Police in Mumbai Tuesday and appeared in a Goa court Wednesday to record her statement before a magistrate under section 164 of the CrPC.
Citing several Supreme Court judgments,Rohatgi said that Tejpal should have approached the Goa High Court or a sessions court in Goa for anticipatory bail.
The Goa Police also submitted a copy of the FIR and the statement made by the woman journalist to the police,to the court.
Arguing that the crime was heinous,the lawyer said it constituted a sustained attack since the incident had started on November 7 and continued the next day. He also pointed out that messages had been sent to the phone of the victim from Tejpals personal number late at night on November 8,which indicated that he wanted her to deny that anything other than drunken banter had occurred.
He also mentioned that there had been other messages from Tejpal to the victim regarding her conversation with Tejpals daughter,even after the end of the Think fest in Goa.
You are acting as a predator and you say treat it as banter? As if that woman is an object? said Rohatgi,who also added that the victims mother had filed a complaint with the Delhi Police alleging that Tejpals family was trying to pressure her. He is also guilty of attempting to influence the victims family. How can he be given bail? asked the lawyer.
Referring to the statement made under section 161 CrPC,Rohatgi said the police case had taken the SMSes,WhatsApp messages and emails sent by Tejpal to the woman on record,adding that it was an open and shut case whenever it comes on trial.
Tejpals counsel K T S Tulsi argued that Tejpal had been man enough to own up to his fault and had stepped down to enable a fair investigation. It clearly shows that there is some morality, Tulsi said.
Tulsi,however,clarified later that the admission was only with regard to an indiscretion and he was not admitting to the incident as contained in the FIR. Members of Tejpals family,who were present in the courtroom,seemed visibly disturbed by the arguments.
Admitting to none of the allegations,I would argue that even if they were true,nothing more than a charge of section 354 (outraging the modesty of a woman) was prima facie made out, Tulsi said.
The defence counsel also said that Tejpal was willing to approach a Goa court,but had filed the plea in Delhi seeking protection from humiliation by a politically antagonistic government.
Tulsi alleged that the Goa Police had registered an FIR without a complaint from the victim due to political considerations and accused the BJP government of displaying double standards.
The hypocrisy of the BJP in not registering an FIR for a lady who has been hounded by a chief minister…the entire state machinery put on her,but no FIR registered. There is a cognizable offence there also,so why was no FIR registered there? Tulsi said referring to the alleged snooping of a woman architect by the BJP government of Narendra Modi in Gujarat.
Rohatgi responded by saying that the police was duty bound to register an FIR on receiving information of a cognizable offence.
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