&imwidth=800&imheight=600&format=webp&quality=medium "SC directs Tarun Tejpal to surrender within two weeks, rejects exemption plea")
The Supreme Court on Tuesday rejected former Tehelka editor Tarun Tejpal’s plea seeking exemption from surrendering before his appeal against the Bombay High Court’s conviction is listed. The court directed him to surrender within two weeks and submit the surrender certificate before it.
A bench headed by Justice Alok Aradhe said Tejpal’s criminal appeal could be listed on September 22 if he furnishes the surrender certificate by then.
Under Supreme Court rules, an accused is required to surrender before challenging a conviction order. The surrender certificate must be submitted to the court as part of the process.
Tejpal had sought exemption from the requirement, arguing that his appeal should first be listed and heard by the Supreme Court. Senior Advocate Kapil Sibal, appearing for Tejpal, submitted that the court has the power to waive the surrender requirement in an appropriate case and list a criminal appeal even when the accused has not surrendered.
Solicitor General Tushar Mehta, appearing for the State of Goa, opposed the plea. He argued that the request for exemption should be considered in light of the merits of the case.
The court also ordered Tejpal to submit proof of surrender. It said his appeal against the Bombay High Court judgment would be listed on September 22 if the surrender certificate is furnished.
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Tejpal challenges Bombay HC conviction
Tejpal has challenged the Bombay High Court judgment that convicted him in the 2013 rape case and sentenced him to 10 years of rigorous imprisonment. The High Court had overturned his acquittal by the trial court.
In his Supreme Court appeal, Tejpal has questioned the High Court’s assessment of the victim’s evidence and other material used to convict him. He has particularly relied on CCTV footage from the hotel lift in Goa where the alleged offence took place, arguing that it does not support the victim’s account.
His appeal also refers to WhatsApp messages, emails, CCTV footage and testimony from other witnesses. Tejpal has argued that this material conflicts with the victim’s account and challenges the High Court’s assessment of her conduct after the alleged incidents.
For now, the Supreme Court’s consideration was limited to whether Tejpal could avoid surrendering while seeking to have his criminal appeal listed.
