The Supreme Court on Tuesday rejected former Tehelka editor-in-chief Tarun Tejpal's plea seeking exemption from surrender until his appeal against his conviction and 10-year prison sentence in the 2013 rape case is heard. The court directed Tejpal to surrender within three weeks and submit a surrender certificate. Justice Alok Aradhe rejected Tejpal's application seeking exemption from surrender and directed him to place the surrender certificate on record. The court said that if the certificate is filed on or before September 22, his appeal will be listed for hearing on the same date.
The top court directed Tarun Tejpal to surrender within three weeks in connection with the 2013 rape case. The court made it clear that further consideration of his appeal against the conviction will take place only after he surrenders. Tejpal has challenged the Bombay High Court's decision before the Supreme Court. The High Court had upheld his conviction in the 2013 rape case and sentenced him to 10 years in prison.
Tejpal must submit surrender certificate
The Supreme Court directed Tejpal to surrender within three weeks and submit proof of his surrender before the court. The bench said that the appeal would thereafter be considered on its merits after examining the facts and circumstances of the case. The court further directed that if Tejpal files the surrender certificate on or before September 22, the Registry should list his appeal for hearing on September 22.
What did Tejpal's lawyers argue?
Senior advocates Kapil Sibal and Aman Lekhi, appearing for Tejpal, argued that there was no legal requirement for an accused to surrender before a criminal appeal is listed for hearing. Sibal also referred to the Bombay High Court's August 6 order, under which Tejpal had been given four weeks to surrender. The High Court had taken note of the fact that the case was around 13 years old and that Tejpal was now a senior citizen with strong roots in society.
"There is no legal requirement that he must surrender before the appeal is listed," Sibal argued. He further submitted that there was no purpose in sending Tejpal to prison for a few days before the hearing of his appeal begins. "There is no point in sending him to jail for five days," Sibal added.
What was the case?
The case dates back to 2013 and concerns allegations of rape against Tejpal by a former junior colleague. The proceedings have continued for more than a decade, with the matter eventually reaching the Supreme Court following the Bombay High Court's decision on his conviction and sentence. The latest Supreme Court order means Tejpal will have to surrender first before his challenge to the conviction can be taken up for substantive consideration.
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