The Supreme Court on Monday reserved its order on former Tehelka editor Tarun Tejpal’s application seeking exemption from surrendering in connection with his appeal against his conviction and 10-year sentence in the 2013 rape case.
The issue arose after the State of Goa objected to the continuation of Tejpal’s appeal without proof of surrender. Appearing for the State, Solicitor General Tushar Mehta submitted that a convict challenging a sentence was required either to surrender and place the relevant certificate on record or seek a formal exemption from the Supreme Court.
Senior Advocate Kapil Sibal, appearing for Tejpal, resisted the objection, arguing that the circumstances of the case did not warrant an immediate surrender. He pointed out that the Goa Bench of the Bombay High Court, while convicting Tejpal, had granted him four weeks to surrender before the jail authorities. Sibal contended that as the period granted by the High Court was still subsisting, Tejpal could not be compelled to surrender before his appeal was taken up.
Tejpal has challenged the High Court’s August 6 verdict, which overturned his 2021 acquittal by the trial court and convicted him in the case arising from allegations of sexual assault made by a former colleague in 2013. The High Court sentenced him to 10 years’ rigorous imprisonment and granted him time to surrender.
During the hearing before Justice Alok Aradhe, the competing positions centred on whether the pendency of the surrender period granted by the High Court dispensed with the requirement of surrender for the purpose of pursuing the appeal. The Court, after hearing the submissions, said that it would pass orders on Tejpal’s application seeking exemption from surrender.
The proceedings come amid cross-challenges before the apex court. While Tejpal has assailed his conviction and sentence, the Goa government has separately sought enhancement of the punishment to life imprisonment, contending that the 10-year term imposed by the High Court is inadequate in view of the gravity of the offences.
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