- Supreme Court docket rejected Tejpal’s plea in search of give up exemption.
- He should give up inside two weeks for 10-year sentence.
- SC listed his enchantment towards conviction, topic to give up.
The Supreme Court docket on Tuesday dismissed journalist Tarun Tejpal’s plea in search of exemption from surrendering after his conviction and 10-year sentence in a 2013 rape case.
A bench headed by Justice Alok Aradhe directed the previous Tehelka editor to give up inside two weeks.
The Supreme Court docket additionally listed Tejpal’s enchantment difficult his conviction and sentence for listening to on September 22, topic to the submitting of his give up certificates, PTI reported.
On August 6, the Bombay Excessive Court docket convicted Tejpal of rape and sentenced him to 10 years of rigorous imprisonment, overturning his acquittal by a trial courtroom 5 years in the past.
Tejpal was convicted of raping a junior colleague inside a lodge elevator in Goa in 2013 throughout an occasion organised by Tehelka. The 62-year-old journalist had earlier claimed that he was a sufferer of political persecution.
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What Kapil Sibal Argued
Senior advocate Kapil Sibal, showing for Tarun Tejpal, argued that the case dates again to 2013 and that the previous Tehelka editor had remained on bail for nearly your complete interval, apart from round six months.
Sibal identified that the Bombay Excessive Court docket had stayed Tejpal’s sentence whereas saying the punishment. He additionally stated that Tejpal is now a senior citizen, has a household and two daughters, and that there had been no criticism or report of any misconduct throughout his interval on bail.
Sibal argued that each side had moved on with their lives. Contemplating these circumstances, he stated, the Excessive Court docket had stayed the sentence. Subsequently, there was no want for Tejpal to individually search exemption from give up earlier than the Supreme Court docket, and his foremost enchantment must be heard immediately.
He additional submitted that the deserves of the case shouldn’t be argued at this stage and that the listening to must be restricted as to if Tejpal may very well be exempted from surrendering.
What Did Goa Authorities Say?
Solicitor Normal Tushar Mehta, showing for the Goa Police, opposed the plea. He argued that the Excessive Court docket had stayed Tejpal’s sentence to permit him a chance to strategy the Supreme Court docket and search exemption from give up. This, he stated, didn’t imply Tejpal might search direct listening to of his enchantment with out first acquiring such exemption.
Mehta additionally argued that the 1970 legislation cited by Sibal was a short lived association and {that a} full appellate course of is now accessible in prison circumstances. If Tejpal needed exemption from give up, he ought to have filed a separate utility for it.
The Solicitor Normal additional pressured that Tejpal had been sentenced to round 10 years’ imprisonment and that the offence was severe. Subsequently, he shouldn’t be exempted from present process the sentence.
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After listening to arguments from each side, Justice Alok Aradhe stated he had thought of all of the findings recorded within the Excessive Court docket judgment. He famous that the character of the offence and the size of the sentence have been important elements.
Justice Aradhe rejected Tejpal’s plea for exemption from give up and directed him to give up inside two weeks.
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