SC defers hearing on Tarun Tejpal's appeal; Goa govt opposes release during Diwali

New Delhi, Nov 3
The Supreme Court on Tuesday adjourned till November 5 the hearing on pleas filed by former Tehelka Editor-in-Chief Tarun Tejpal challenging his conviction and 10-year rigorous imprisonment sentence in the 2013 rape case, and by the Goa government seeking enhancement of his sentence.

A Bench of Justices M.M. Sundresh and Prasanna B. Varale deferred the hearing after Solicitor General Tushar Mehta, appearing for the Goa government, sought an adjournment.

Appearing for Tejpal, senior advocate Kapil Sibal did not oppose the request for more time but urged the apex court to allow his client to come home during Diwali. "If he wants to take time, he can take time. But let (Tejpal) come out during Diwali," Sibal submitted.

Opposing the request, SG Mehta submitted that Tejpal stood convicted. However, Sibal countered, saying, "So what? It's a reversal of the acquittal. He can come home for Diwali. Why should he be inside?"

The Goa government opposed Sibal's request to allow Tejpal to come out of jail during the festival.

The matter will now be taken up for further hearing on November 5.

The former Tehelka editor has challenged the Bombay High Court judgment that set aside his acquittal by a sessions court and convicted him of rape and other offences under the Indian Penal Code (IPC), sentencing him to 10 years' rigorous imprisonment.

The case stems from allegations by a junior colleague that Tejpal sexually assaulted her inside an elevator of a luxury hotel in Goa during an event in November 2013.

In May 2021, a sessions court acquitted Tejpal, holding that the prosecution had failed to prove its case beyond a reasonable doubt and referring to alleged lapses in the investigation. The Goa government subsequently challenged the acquittal before the Bombay High Court. On August 6, the Bombay High Court set aside the acquittal and convicted Tejpal under Sections 376(2)(f) and 376(2)(k) (rape), 354A (sexual harassment) and 354B (assault or use of criminal force against a woman with intent to disrobe) of the IPC.

The Goa government has separately approached the Supreme Court seeking enhancement of the 10-year rigorous imprisonment sentence imposed by the High Court. Tejpal surrendered before the Additional Sessions Court at Mapusa in Goa on September 14, following the Supreme Court's direction rejecting his plea for exemption from surrender. He was subsequently taken to Central Jail in Colvale, North Goa, to serve his sentence.