Guwahati: The Supreme Court on Tuesday directed former Tehelka editor Tarun Tejpal to surrender within two weeks to undergo his 10-year sentence in a 2013 rape case, rejecting his plea for exemption from surrender.
A Bench headed by Justice Alok Aradhe dismissed Tejpal’s application seeking exemption and said his appeal challenging the conviction and sentence would be listed for hearing on September 22, subject to the filing of a surrender certificate.
Tejpal was convicted by the Bombay High Court on August 6 and sentenced to 10 years’ rigorous imprisonment for raping a junior colleague inside a hotel elevator during an event organised by Tehelka in Goa in 2013. The High Court had overturned his acquittal by the trial court in 2021.
During Tuesday’s hearing, senior advocate Kapil Sibal, appearing for Tejpal, said the incident was in 2013 and that his client had already spent around six months in jail in connection with the case.
“He (Tejpal) has throughout been on bail since then. The high court has directed him to surrender within four weeks. This court may fix the main appeal for hearing on August 31,” Sibal said.
Solicitor General Tushar Mehta, appearing for the Goa government, said the High Court had granted Tejpal four weeks to surrender only to enable him to approach the Supreme Court with an appeal and an application for exemption from surrender.
“Merit is a relevant consideration in this case. It is a 10-year sentence for aggravated rape,” Mehta said.
Sibal countered, “It is not a rape at all.”
The Bench asked how much time Tejpal would need to surrender. Sibal and senior advocate Aman Lekhi, also appearing for Tejpal, sought two weeks.
The court dismissed the application seeking exemption from surrender and directed that if the surrender certificate was filed on or before September 22, the appeal would be listed on that date.
On August 24, the Supreme Court had said it would consider Tejpal’s plea seeking exemption from surrender. The Bench had referred to a 2006 judgment in Mayuram Subramanian Srinivasan v. CBI, which held that surrender was mandatory before an appeal could be heard.
Tejpal moved the Supreme Court on August 20 challenging the High Court’s August 6 judgment convicting him in the case.
The High Court, in its 81-page judgment, had termed the trial court’s 2021 acquittal “perverse”. It said the trial court had proceeded on the notion that a sexual assault complainant had to be a “perfect victim” and behave in a particular manner to be considered credible.
The High Court also criticised the defence’s focus on the complainant’s personal life and said it was surprising that the trial court had remained silent while the defence allegedly harassed and humiliated her during cross-examination.
Tejpal was convicted under several provisions of the Indian Penal Code, including Section 376(2)(f), relating to rape by a person in a position of trust or authority, and Sections 354(a) and 354(b), relating to sexual harassment and assault or use of criminal force with intent to disrobe. Section 376(2)(f) carries a maximum punishment of life imprisonment.
The Goa government has separately challenged the sentence in the Supreme Court, seeking life imprisonment for Tejpal. It has contended that the 10-year sentence imposed by the High Court was disproportionate to the nature and gravity of the offences.
The High Court had initially directed Tejpal to surrender within two weeks, but later extended the period to four weeks following a request from his lawyers.