India: The Supreme Court today (Aug 25) directed Tehelka Magazine’s former editor-in-chief Tarun Tejpal to surrender within 2 weeks and file a surrender certificate before September 22, for the Court to hear his appeal on merits. It may be recalled that Tejpal has challenged the Bombay High Court’s order convicting and sentencing him to 10 years of rigorous imprisonment in the 2013 rape case.
The matter was decided today by Justice Alok Aradhe. Justice Aradhe rejected the contention raised by Senior Advocate Kapil Sibal, for Tejpal, that he need not surrender for his appeal to be heard, as he was granted four weeks’ time to surrender by the Bombay High Court on August 6. Sibal also submitted that Tejpal has been on bail throughout the proceedings except for the six months and is a senior citizen now.
He also referred to the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 to argue that the Court doesn’t need to hear first on exemption and then on merits, as both can be taken together.
Solicitor General of India Tushar Mehta, for the State of Goa, argued that Tejpal’s appeal cannot be heard unless he has surrendered or has obtained an application seeking exemption from surrender. He rejected the reliance on the 1970 Act and pointed out that it was a temporary legislation and there are now provisions for the appellate jurisdiction. Further, Mehta contended that the merits of the case are relevant as the convict committed an aggravated form of rape.
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