Tarun Tejpal Must Surrender in Two Weeks, Supreme Court Says

The Supreme Court on Tuesday directed former Tehelka editor-in-chief Tarun Tejpal to surrender within two weeks, rejecting his request to be exempted from surrendering while he challenges his conviction in the 2013 Goa rape case.

The order means Tejpal must first surrender and submit a surrender certificate before his appeal against the Bombay High Court conviction and 10-year rigorous imprisonment sentence can be taken up on merits.

Justice Alok Aradhe passed the direction on August 25. The court has listed Tejpal’s appeal for September 22, provided the surrender certificate is filed by then.

The immediate dispute before the Supreme Court was not the merits of Tejpal’s conviction but whether his appeal could proceed without him first surrendering.

Tejpal had sought exemption from surrender

Tejpal approached the Supreme Court after the Bombay High Court’s Goa bench overturned his acquittal by the trial court on August 6 and convicted him in the 2013 case. The High Court subsequently sentenced him to 10 years’ rigorous imprisonment.

His legal team argued that he should not be required to surrender at this stage because the High Court had already granted him four weeks to do so.

Senior Advocate Kapil Sibal, appearing for Tejpal, maintained that the circumstances of the case did not require him to surrender before his appeal could be considered.

The Goa government opposed that position.

Solicitor General Tushar Mehta, representing the state, argued that the appeal could not be heard unless Tejpal had either surrendered or obtained an exemption from surrender. The argument was based on the procedural requirements governing appeals by convicted persons.

On Monday, the Supreme Court had reserved its order after hearing both sides.

Appeal listed for September 22

The Supreme Court has now given Tejpal two weeks to surrender and directed that the surrender certificate be filed with the court.

If the certificate is submitted within the prescribed period, his appeal is scheduled to come up on September 22.

The order does not decide Tejpal’s challenge to his conviction. His appeal against the Bombay High Court judgment remains pending.

The Goa government has separately approached the Supreme Court seeking an increase in Tejpal’s sentence to life imprisonment. The state has challenged the sentence imposed by the High Court but has not sought to overturn the conviction itself.

Case dates back to 2013

The case stems from allegations by a former junior colleague who accused Tejpal of sexually assaulting her inside a hotel elevator in Goa during an event organised by Tehelka in November 2013.

Tejpal was arrested later that month and subsequently charged under provisions of the Indian Penal Code relating to rape, sexual harassment and assault with intent to disrobe. He pleaded not guilty.

The Goa Sessions Court acquitted him in May 2021, finding that the prosecution had failed to establish the charges beyond reasonable doubt.

The Goa government challenged that decision before the Bombay High Court.

On August 6, the High Court’s Goa bench overturned the acquittal and convicted Tejpal. It imposed a 10-year rigorous imprisonment sentence, the minimum sentence applicable to the rape conviction in the circumstances considered by the court.

The High Court had also considered the passage of time since the incident and the absence of any reported subsequent criminal misconduct when deciding the sentence. It declined the state government’s request for life imprisonment.

Tejpal challenges the High Court verdict

Tejpal moved the Supreme Court on August 20, challenging both his conviction and sentence.

His appeal is now set to be considered on September 22, but only after he complies with the surrender requirement set by the Supreme Court.

For now, the court’s latest order concerns the procedural question of surrender. It has not ruled on whether the Bombay High Court was correct in reversing the 2021 acquittal or whether Tejpal’s conviction and sentence should stand.

The next significant step is therefore Tejpal’s surrender and the filing of the required certificate ahead of the September 22 hearing.