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Tehelka case: Delhi HC offers no relief, Tejpal faces arrest

india Updated: Nov 28, 2013 03:16 IST
Tarun Tejpal case

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Tehelka founder Tarun Tejpal’s arrest appeared imminent after the Goa police sent him summons seeking his personal appearance by 3 pm on Thursday and Delhi high court offered him no relief on his anticipatory bail application.

The legal noose around Tejpal also tightened when the woman journalist he allegedly sexually assaulted recorded her statement before judicial magistrate (first class) Sarika Phaldessai in Goa capital, a day after the police recorded her statement at her residence in Mumbai.

She was flown secretly to Goa and taken to a trial court complex in Panaji, where her statement was recorded under Section 164 of the Criminal Procedure Code. The statement made under this section becomes evidence that can be used against the person giving it. The statement is crucial for the Goa police to ensure a strong case in the trial court, as a statement recorded by the police is not enough, should the victim at a later stage retract.

She is also learnt to have corroborated the FIR the Goa police filed after taking suo moto cognizance of the complaint she had mailed to Tehelka managing editor Shoma Chaudhury, making Tejpal’s arrest imminent.

Under the Criminal Law Amendment Act of 2013, Tejpal’s alleged assault made in the elevator of a starred hotel in Goa during the magazine’s THiNK festival falls in the definition of rape.

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News channels quoted Goa police counsel saying the email exchange between Tepal and Tehelka managing editor Shoma Chaudhury made it “an open and shut case”.

On Wednesday, the court in Goa was tightly guarded by more than 60 police officials through the day to keep the growing crowds at bay. The journalist finally emerged from the court at 6pm, with her head covered, along with four other decoys, also covered, so as to protect her identity.

She was taken away by the police, though it was unclear whether she was returning to Mumbai or taken to the scene of crime.

Goa deputy inspector general of police OP Mishra declined to answer a question on whether there would be a medical examination of the journalist. He also remained mum when asked whether Tejpal would be arrested or not, saying the “law will take its course”.

The journalist has once again narrated the sequence of events where Tejpal allegedly sexually assaulted her, events she had first detailed in her email of complaint to managing editor Shoma Chaudhury, which formed a significant part of the police’s FIR.

In her mail she had said Tejpal had forced himself on her on two occasions in the elevator of the five star hotel on back to back days on November 7 and 8.

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Despite resisting him on the first occasion, he had sexually assaulted her a second time, the following day, she had told Chaudhury. On both occasions he had tried to keep the lift in circuit while assaulting her.

Dealing another blow to Tejpal, the Delhi high court reserved order on his anticipatory bail application for Friday.

Justice Sunita Gupta also declined to grant any interim protection to Tejpal against arrest by the Goa police.

Till Friday Tejpal has no legal protection from arrest and he can approach the Supreme Court for interim relief till then. After the court reserved its order on the bail plea, his lawyer told reporters the accused editor was “not underground and will travel to Goa”.

During arguments over the bail application, Tejpal’s lawyer said the victim's version has to be taken with a "pinch of salt".

But Goa police counsel Mukul Rohtag requested the court to dismiss the bail plea.

"There is no question of consent. This incident happened to the hapless victim. This offence shows the depravity of highest order by a man who is having control over the victim," he said.

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HT POLL: Is the sexual assault case against Tejpal politically motivated? Here's what our readers say

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