E-Paper
Tejpal’s acquittal left ‘impression on victims of sexual violence’: Goa govt
Additional solicitor general Tushar Mehta, who appeared for the Goa govt, told the Bombay high court at Goa on Tuesday that the institution of the judiciary has failed while opposing Tejpal’s plea that the appeal against his acquittal be heard in camera
Former Tehelka magazine editor Tarun Tejpal’s acquittal in a 2013 rape case has left an “inevitable impression on all victims of sexual violence” and has “a deterrent effect among those who are potential victims”, additional solicitor general Tushar Mehta told the Bombay high court in Goa on Tuesday.
Appearing for the state, Mehta opposed the 57-year-old’s plea for an “in-camera” hearing of the Goa government’s petition against his acquittal, saying that “the country has a right to know this institution (the judiciary) has dealt with the girl who came to the court with the complaint, specific allegations, precise facts, and pleading proved with corroborating evidence”.
“The way in which our institution has failed...I am using every word not only with sincerity but with a sense of responsibility. Our institution has failed, leaving an inevitable impression upon all victims of sexual violence or sexual assault, that it has a deterrent effect among those who are potential victims,” he said. “They would not come before your lordship or not come before the court of law.”
A fast-track court in Goa on May 21 acquitted Tejpal of charges of rape and sexual assault levelled by a former colleague during a conference at a five-star hotel in Goa in 2013. Additional sessions judge Kshama Joshi gave the journalist the benefit of doubt and cleared him of all charges due to lack of evidence.
Tejpal’s counsel, Amit Desai, argued that the dignity of the institution should not be assailed at least until the case is finally decided.
“I believe in the old school that our institution must be first protected and come to conclusion after hearing whether the institution of the judiciary has failed the citizens of India,” Desai told the court.
“Right from day one, every application of this type, including obviously the entire trial in the trial court and the high court, has always been held in camera. I think that is the principle of the law in a matter of this type. Therefore, we have moved an application though the state did not feel the need for it (in camera hearings)...we felt it is an appropriate thing to do in a matter like this, particularly with regards to the sensitivity of the nature of the allegations,” he added.
The bench fixed August 31 for the next hearing.
Tejpal’s case hit the headlines for weeks amid a renewed focus on crimes against women. It surfaced a year after the rape and murder of a 23-year-old student on a moving bus in Delhi provoked national outrage and prompted the government to pass tougher laws to check such crimes. The allegations against Tejpal also triggered a debate on harassment of women at workplaces and underreporting of such cases over fears of job losses and persecution.
Tejpal faced the trial under India Penal Code’s Sections 376 (rape), 354 A (sexual harassment), 354 B (criminal assault with intent to disrobe a woman), 341 (wrongful restraint), and 342 (wrongful confinement).
Justice Joshi acquitted Tejpal, days after his lawyer Rajeev Gomes, 47, died of Covid on May 12.
Tejpal, who has maintained he was falsely accused of sexual assault, referred to an “unfortunate incident” between himself and the colleague in a leaked e-mail to Tehelka’s management in 2013. He described the incident “bad lapse of judgment” in the e-mail. In another note, later, however, he said that he was being “framed”.
The Goa government called the verdict as “perverse” and “influenced by extraneous inadmissible materials and testimonies”, and filed an appeal before the Bombay high court on May 25.
The Goa Police said the judgement “was shocking in its apparent legal bias against the prosecutrix (survivor)” and was “unsustainable in law and is coloured by prejudice and patriarchy”.
