The Supreme Court on Tuesday directed former Tehelka editor Tarun Tejpal to surrender within two weeks after rejecting his request for exemption from surrendering in connection with the 2013 sexual assault case. The court said his appeal against the conviction and 10-year prison sentence would be listed for hearing on September 22 if he submits the required surrender certificate by then.
The order was passed by Justice Alok Aradhe while considering Tejpal’s plea challenging the Bombay High Court’s August 6 judgment, which overturned his earlier acquittal and convicted him in the long-running case.
Tejpal’s legal team had sought permission for the appeal to be heard without requiring him to first surrender. His lawyers argued that the case dates back to 2013 and that he had remained on bail for most of the period following his arrest. They also contended that sending him to prison for a short period before the appeal was heard would serve little practical purpose.
The Supreme Court, however, did not accept the request for exemption and directed Tejpal to surrender within two weeks.
Appeal to Be Listed on September 22
The court has made the listing of Tejpal’s appeal conditional on the filing of the surrender certificate. If the certificate is submitted on or before September 22, the appeal will be placed before the court on that date.
The direction represents an important procedural step in Tejpal’s challenge to his conviction. The Supreme Court has not yet examined the merits of the appeal or decided whether the Bombay High Court’s judgment should be upheld, modified or overturned.
The immediate consequence of Tuesday’s order is that Tejpal must comply with the surrender requirement before his challenge to the conviction can move forward before the apex court.
Goa Government Opposed Exemption Plea
During the proceedings, the Goa government opposed Tejpal’s request for exemption from surrender. The state’s position was that an accused who has been sentenced to imprisonment must comply with the applicable procedural requirements before seeking consideration of an appeal.
The government argued that the Supreme Court’s rules require a convict appealing against a prison sentence either to surrender or to obtain an exemption from surrender. The state maintained that the requirement was particularly relevant in the present case because Tejpal had been convicted and sentenced to 10 years of rigorous imprisonment by the High Court.
Tejpal’s lawyers, meanwhile, maintained that there was no meaningful reason to require him to surrender immediately when his appeal against the conviction was already before the Supreme Court.
The court ultimately granted him two weeks to comply with the surrender requirement rather than allowing the exemption sought by his legal team.
Bombay High Court Had Reversed Acquittal
The latest Supreme Court proceedings follow a major reversal by the Bombay High Court earlier this month.
Tejpal had been acquitted by the trial court in 2021 in the case arising from allegations made by a junior female colleague in 2013. The prosecution had alleged that the incident occurred inside an elevator at a luxury hotel in Goa during an event organised by Tehelka.
The state challenged the acquittal, leading to a prolonged appellate proceeding. On August 6, the Bombay High Court overturned the trial court’s decision and convicted Tejpal.
The High Court subsequently sentenced him to 10 years of rigorous imprisonment. It also gave him a limited period to surrender, taking into account the age of the case and other circumstances while declining the request for the maximum punishment.
Tejpal then approached the Supreme Court challenging both his conviction and sentence.
Defence Challenges High Court Findings
Tejpal’s lawyers have raised several arguments against the High Court’s judgment. Among the issues placed before the Supreme Court are questions relating to the evidence considered during the proceedings and the assessment of the complainant’s statements.
His legal team has also referred to CCTV footage and other material that it says raises questions about aspects of the prosecution’s version of events.
The defence has maintained that the evidence requires closer scrutiny and has sought relief against the conviction and sentence imposed by the High Court.
The Supreme Court’s latest order does not determine the validity of these arguments. Those issues are expected to be considered when the appeal is heard on its merits.
Case Has Continued for More Than a Decade
The legal proceedings began in 2013 and have passed through several stages over the years.
Tejpal was arrested after the allegations emerged and was subsequently granted bail. The trial eventually began and continued for several years before the trial court acquitted him in 2021.
The acquittal was challenged by the Goa government, resulting in proceedings before the High Court. The High Court’s decision this month reversed the earlier outcome and resulted in Tejpal’s conviction and 10-year sentence.
The case has therefore produced contrasting judicial findings at different stages, with the Supreme Court now set to examine Tejpal’s challenge to the latest conviction.
What Happens Next
Tejpal must now surrender within the two-week period specified by the Supreme Court and obtain the necessary surrender certificate.
If the certificate reaches the court by September 22, his appeal is expected to be listed on that date. The hearing could then bring the Supreme Court into a detailed examination of the High Court’s reasoning and the evidence relied upon to convict him.
The Goa government has also sought a stronger punishment in the matter, arguing for life imprisonment. That request adds another issue to the proceedings before the Supreme Court.
For now, however, the court’s latest decision is limited to the surrender requirement. It has not issued a final ruling on Tejpal’s appeal against his conviction.
The September 22 hearing, if the procedural requirement is fulfilled, will therefore be a significant next stage in a case that has remained in the judicial system since 2013.