Show Quick Read Key points generated by AI, verified by newsroom Supreme Court rejected Tejpal's plea seeking surrender exemption.
The Supreme Court on Tuesday dismissed journalist Tarun Tejpal’s plea seeking exemption from surrendering after his conviction and 10-year sentence in a 2013 rape case.
Sibal pointed out that the Bombay High Court had stayed Tejpal’s sentence while pronouncing the punishment.
He argued that the High Court had stayed Tejpal’s sentence to allow him an opportunity to approach the Supreme Court and seek exemption from surrender.
Justice Aradhe rejected Tejpal’s plea for exemption from surrender and directed him to surrender within two weeks.
Show Quick Read Key points generated by AI, verified by newsroom Supreme Court rejected Tejpal's plea seeking surrender exemption.
He must surrender within two weeks for 10-year sentence.
SC listed his appeal against conviction, subject to surrender.
The Supreme Court on Tuesday dismissed journalist Tarun Tejpal’s plea seeking exemption from surrendering after his conviction and 10-year sentence in a 2013 rape case.
A bench headed by Justice Alok Aradhe directed the former Tehelka editor to surrender within two weeks.
The Supreme Court also listed Tejpal’s appeal challenging his conviction and sentence for hearing on September 22, subject to the filing of his surrender certificate, PTI reported.
On August 6, the Bombay High Court convicted Tejpal of rape and sentenced him to 10 years of rigorous imprisonment, overturning his acquittal by a trial court five years ago.
Tejpal was convicted of raping a junior colleague inside a hotel elevator in Goa in 2013 during an event organised by Tehelka. The 62-year-old journalist had earlier claimed that he was a victim of political persecution.
Also Read: Supreme Court Seeks Replies From 20 Rebel TMC MPs On Abhishek Banerjee’s Disqualification Plea
What Kapil Sibal Argued
Senior advocate Kapil Sibal, appearing for Tarun Tejpal, argued that the case dates back to 2013 and that the former Tehelka editor had remained on bail for almost the entire period, except for around six months.
Sibal pointed out that the Bombay High Court had stayed Tejpal’s sentence while pronouncing the punishment. He also said that Tejpal is now a senior citizen, has a family and two daughters, and that there had been no complaint or report of any misconduct during his period on bail.
Sibal argued that both sides had moved on with their lives. Considering these circumstances, he said, the High Court had stayed the sentence. Therefore, there was no need for Tejpal to separately seek exemption from surrender before the Supreme Court, and his main appeal should be heard directly.
He further submitted that the merits of the case should not be argued at this stage and that the hearing should be limited to whether Tejpal could be exempted from surrendering.
What Did Goa Government Say?
Solicitor General Tushar Mehta, appearing for the Goa Police, opposed the plea. He argued that the High Court had stayed Tejpal’s sentence to allow him an opportunity to approach the Supreme Court and seek exemption from surrender. This, he said, did not mean Tejpal could seek direct hearing of his appeal without first obtaining such exemption.
Mehta also argued that the 1970 law cited by Sibal was a temporary arrangement and that a complete appellate process is now available in criminal cases. If Tejpal wanted exemption from surrender, he should have filed a separate application for it.
The Solicitor General further stressed that Tejpal had been sentenced to around 10 years’ imprisonment and that the offence was serious. Therefore, he should not be exempted from undergoing the sentence.
Also Read: 'Hijab Not Essential In Islam': Allahabad HC Rejects Plea To Wear Headscarf With School Uniform
After hearing arguments from both sides, Justice Alok Aradhe said he had considered all the findings recorded in the High Court judgment. He noted that the nature of the offence and the length of the sentence were significant factors.
Justice Aradhe rejected Tejpal’s plea for exemption from surrender and directed him to surrender within two weeks.