PANAJI
The legal road has narrowed further for former Tehelka Editor-in-Chief Tarun Tejpal. In another setback following his conviction in the 2013 sexual assault case, the Supreme Court on Tuesday turned down his plea to defer surrender and directed him to surrender within three weeks to begin serving his sentence.
A single-judge bench of Justice Alok Aradhe has made it clear that Tejpal’s appeal against his conviction and 10-year rigorous imprisonment sentence would be taken up on merits only after he surrenders.
The order followed arguments by senior advocate Kapil Sibal, appearing for Tejpal, and Solicitor General Tushar Mehta for the Goa government.
Sibal, during the hearing on Monday, submitted to the court that the High Court of Bombay at Goa had, on August 6, granted Tejpal four weeks to surrender. He submitted that Tejpal had remained on bail throughout the proceedings, barring the first six months, and was now a senior citizen.
He also relied on the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, arguing that the apex court could consider the plea for exemption from surrender along with the appeal on merits. Mehta opposed the plea, submitting that Tejpal’s appeal could not be heard unless he surrendered and produced a surrender certificate or secured an exemption from surrender. He also contended that the 1970 Act could not be relied upon, as it was temporary legislation and appellate jurisdiction was now governed by the applicable statutory provisions. After hearing both sides, Justice Aradhe rejected the plea and asked Sibal how much time Tejpal would need to surrender. Sibal sought three weeks, following which the court directed Tejpal to surrender within that period.
The Supreme Court ordered that if the surrender certificate is filed, the appeal would be listed on September 22 for hearing.
In addition to the appeal, the Goa government has also already filed a Special Leave Application seeking enhancement of the sentence to life imprisonment.
