PANAJI
Former editor of Tehelka magazine Tarun Tejpal has sought for an ‘in-camera’ hearing of the appeal filed against his acquittal and has filed a formal application requesting that just like the trial, the appeal too should be in-camera to protect the privacy of the survivor.
The Central Bureau of Investigation, which has filed the appeal, has however opposed the plea, with Solicitor General Tushar Mehta, who appeared for the CBI, instead of arguing that “the country has a right to know [how] this institution (judiciary) has dealt with the girl who came to the Court with the complaint, specific allegations, precise facts, and pleading proved with corroborating evidence.”
The matters will be heard next on August 31.
When the matter came up for hearing, senior advocate Amit Desai told the court that he had filed a formal application for an ‘in-camera’ hearing, which he said was the practice since the trial too was held in-camera.
“Right from day one, every application of this type, including obviously the entire trial in the trial court and the High Court has always been held in-camera. I think that is the principle of the law in matters of this type. Therefore we have put in an application, though the state did not feel the need for it, but we felt it is the appropriate thing to do in a matter like this, particularly with regards to the sensitivity of the nature of the allegations, what will be read out to your lordships, what will not be read to you lordships,” Adv Amit Desai told the court.
“We felt it is the appropriate thing to do in a matter like this, particularly with regards to the sensitivity of the nature of the allegations... what will be read out to your lordships, what will not be read to you lordships. I think it is only proper that the principle of law laid down in (section) 327 (of the Code of Criminal Procedure) apply here. We have filed a formal application for your lordship to consider the hearing of the matter and all aspects of this matter in-camera, in consonance with the principles laid down in Section 327, because this is an appeal in continuation with the original proceedings,” Adv Amit Desai argued
Under Section 327 (2) of the CrPC, the inquiry into and trial of rape or an offence under section 376, section 376A, section 376B, section 376C or section 376D of the Indian Penal Code shall be conducted in camera: Provided that the presiding judge may, if he thinks fit, or on an application made by either of the parties, allow any particular person to have access to, or be or remain in, the room or building used by the court.
The plea was, however, opposed by the prosecution.
“The way in which our institution (judiciary) has failed, I am using every word not only with sincerity but with a sense of responsibility. Our institution has failed, leaving an inevitable impression upon all victims of sexual violence or sexual onslaught that it has a deterrent effect among those who are potential victims,” he said arguing that it is necessary that the country knows what transpired.
Adv Amit Desai, however, said that the institution should not be derided at least while the appeal is in progress.
“I believe in the old school that our institution must be first protected and come to conclusion after hearing whether the institution of the judiciary has failed the citizens of India,” he said.
