The Supreme Court on Tuesday denied relief to former Tehelka editor Tarun Tejpal from surrendering in jail and directed him to surrender within two weeks, making it clear that his appeal against his conviction in a 2013 rape case will be heard only after he complies with the order.
A bench of Justice Alok Aradhe passed the order while hearing Tejpal’s plea seeking exemption from surrender following his conviction and 10-year rigorous imprisonment sentence by the Bombay High Court. The Court said it would begin hearing his appeal only after he files a certificate confirming his surrender.
The hearing centred on whether Tejpal could seek consideration of his appeal without first surrendering. Solicitor General Tushar Mehta, appearing for the Goa government, opposed the exemption plea and argued that Tejpal had to either surrender and furnish a certificate to that effect or seek an exemption from surrender.
Mehta relied on the Supreme Court Rules, 2013, and previous judgments to contend that a convict challenging a sentence must disclose whether he has surrendered. If the convict has not surrendered, he must seek exemption, the Solicitor General said.
“The existence of the appeal is dependent on either filing a certificate that he has surrendered, or he will have to pray for exemption from surrendering,” Mehta submitted, stressing the gravity of the case.
Senior advocate Kapil Sibal, appearing for Tejpal, opposed the request for surrender and sought exemption, pointing out that the Bombay High Court had already granted his client four weeks to surrender.
Sibal argued that the incident dates back to 2013 and that Tejpal had remained on bail for most of the period since his arrest. He also argued that there was little purpose in sending Tejpal to jail for a short period if his appeal was then to be heard.
“There is no point sending him in for 5 days and then his appeal being heard,” Sibal argued.
Justice Aradhe then asked Sibal how much time Tejpal would require to surrender. Sibal sought two weeks. The Court accepted the request and directed Tejpal to surrender within that period and file a surrender certificate. It said that if the certificate is filed by September 22, the appeal would be listed for hearing on that date.
The development comes days after Tejpal challenged the Bombay High Court’s August 6 judgment reversing his acquittal in the 2013 rape case. He filed the appeal in the Supreme Court on August 20 through advocate Aditya Samaddar.
The Bombay High Court had convicted the 62-year-old journalist of rape and sentenced him to 10 years of rigorous imprisonment, overturning the trial court’s 2021 acquittal.
The case relates to allegations that Tejpal sexually assaulted a junior colleague inside an elevator at a luxury hotel in Goa during an event organised by Tehelka in November 2013. The Goa Police had registered an FIR against him for rape and other offences. Tejpal was arrested in November 2013 and was later granted bail in July 2014.
The trial court had acquitted Tejpal in May 2021 after a trial that began in 2017. The Bombay High Court overturned that acquittal on August 6 and convicted him of rape, sexual harassment and assault with intent to disrobe.
The High Court convicted Tejpal under provisions of the Indian Penal Code relating to rape, sexual harassment and assault with intent to disrobe. The rape provision carried a minimum sentence of 10 years and allowed punishment extending to life imprisonment.
Meanwhile, the Goa government has separately approached the Supreme Court seeking enhancement of Tejpal’s sentence to life imprisonment. The state has challenged only the quantum of sentence, not the finding of guilt.
The Bombay High Court had declined to impose the maximum punishment, noting the passage of 13 years since the incident and the absence of any reported subsequent criminal misconduct by Tejpal. It imposed 10 years’ rigorous imprisonment, along with a fine of more than ₹10 lakh.
Tejpal had sought leniency, while the Goa government had pressed for life imprisonment. The state has now carried its demand for an enhanced sentence before the Supreme Court.
The Supreme Court’s latest order means Tejpal must first surrender and furnish the required certificate before his challenge to the conviction can be heard. If he files the certificate by September 22, his appeal will be listed for hearing on that date.
