Tarun Tejpal must surrender within 2 weeks, Supreme Court says; appeal to be listed on September 22

The Supreme Court on Tuesday rejected rape convict and former Tehelka editor Tarun Tejpal's plea seeking exemption from surrender and directed him to surrender within two weeks.

A bench of Justice Alok Aradhe also directed Tejpal to furnish the surrender certificate before the court. The court said his criminal appeal challenging the Bombay High Court judgment will be listed on September 22, provided he submits the surrender certificate by then.

Tejpal had approached the Supreme Court seeking exemption from surrendering until his appeal against the Bombay High Court's conviction was listed and heard. His counsel, Senior Advocate Kapil Sibal, argued that the court had the power to dispense with the requirement of surrender in an appropriate case and list the criminal appeal even if the accused had not surrendered.

Solicitor General Tushar Mehta, appearing for the State of Goa, opposed the plea. He argued that the exemption application had to be considered in light of the merits of the case and referred to the Bombay High Court's findings and Tejpal's 10-year sentence for rape.

Justice Aradhe observed that the court was considering the exemption plea precisely because it had the power to do so. The bench also made clear that the hearing at this stage was confined to the question of whether Tejpal could be exempted from surrendering.

The court asked how much time Tejpal would need to surrender. After his side sought two weeks, the court rejected the exemption plea and directed him to surrender within that period and furnish proof of surrender.

What Tejpal's appeal challenges

Tejpal's appeal challenges the Bombay High Court judgment that convicted him in the 2013 rape case and sentenced him to 10 years of rigorous imprisonment. The High Court had reversed his acquittal by the trial court.

In his appeal, Tejpal has challenged the High Court's assessment of the victim's evidence and other material relied upon for his conviction.

He has particularly relied on CCTV footage from the hotel lift in Goa where the alleged offence took place, arguing that the footage is inconsistent with the victim's account.

According to Tejpal's plea, the CCTV footage and the evidence of the hotel's security manager show that the lift doors automatically opened after reaching a designated floor and remained open for at least four seconds. He has argued that the sequence recorded on CCTV, including the movement of the lift while he and the victim were allegedly absent from it, was inconsistent with the prosecution's version accepted by the High Court.

Tejpal has also relied on WhatsApp messages, emails, CCTV footage and the evidence of other witnesses to challenge the High Court's assessment of the victim's conduct following the alleged incidents. His plea contends that this material was inconsistent with the victim's version on which his conviction was based.

For now, however, the Supreme Court's order concerns only his request for exemption from surrender. His appeal will be taken up on September 22 if he furnishes the surrender certificate as directed.

With ANI inputs