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Tehelka live: Goa police team leaves for Delhi 9 a.m. Nov. 23, 2013

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Tehelka live: CCTV footage from inside Goa hotel lift not available

by 41 mins ago
10.37: CCTV footage from inside elevator not available, says Goa Police

A source from Goa confirms meanwhile that the Goa police have said CCTV footage from the elevator where the assault is said to have taken place is not available.

No reason was given for the unavailability. Police confirmed that there is CCTV footage from outside the elevator which shows the victim moving out in a hurry.

9.35 am: 'I have violated long standing relationship'

According to more emails accessed by several houses, in another letter addressed to the victim Tejpal had admitted to have 'violated' her trust and apologized for breaching the boundaries of dignity. A report on The Indian Express states that in an email sent to the victim a day after she complained to managing editor Shoma Chaudhury, Tejpal aslo confessed that he had tried establishing sexual contact on two occasions - 7 November and 8 November - despite having understood that the girl did not reciprocate his intentions.

However, the victim, in reply wrote back saying, "he sexually molested me, on two separate occasions and that he violated my bodily integrity and trust".

When contacted by The Indian Express Tejpal said that he had written the mails because managing editor Shoma Chaudhury had insisted he issues an apology as demanded by the victim to close a 'contentious' issue. He added that he has a completely different version of the events which will be revealed in course of the probe.

Read the full report here.

9.00 am: Goa Police team leaves for Delhi

After they filed a suo motu FIR in the sexual assault case, a team from Goa Police left for Delhi today. Tarun Tejpal in his last public statement had offered his 'full cooperation' with the police and later in the day Tehelka's managing editor Shoma Chaudhury also said that they are willing and prepared to assist a probe.

Consequently, the team left today morning from Goa, reports CNN IBN.

End of updates from 22 November

10.20 pm: I am being framed, political forces behind it, says Tejpal

Former editor of Tehelka Tarun Tejpal on Friday said he was being framed by in the alleged sexual assault case and said the truth in the matter will come out soon.

In an emailed response to The Indian Express, Tejpal said: "It is a totally mendacious account of what happened, in its details, in its tonalities, in its very suggestion of non-consensus."

Tejpal further told the daily that he was getting "rock solid support from family, friends and most of my colleagues. They know the details and know how much is being dangerously falsified".

"It's been rough and debilitating and we'll claw our way back as the facts become clear," he said.

8.55 pm: Incident unfortunate, let law take its own course, says Tewari

Information and Broadcasting Minister Manish Tewari today said the legal processrelating to the allegation of sexual assault against Tehelka editor Tarun Tejpal should be allowed to reach its logical conclusion.

"The alleged incident is unfortunate. There is a legal process which is playing itself out. It should be allowed to reach its logical conclusion. It is incumbent upon all concerned to cooperate with legal processes and procedures," Tewari
said.

Meanwhile, Law Minister Kapil Sibal said whatever has come out should be probed. "Whatever has come out should be probed," he said when asked to comment on the issue.

6.39 pm: Tejpal says he apologised because Shoma Chaudhry insisted

Tarun Tejpal has reportedly said that he only apologised "out of an attempt to preserve the girl's dignity and on "Shoma's adamantine feminist-principle insistence" that he keep correct form by apologising", according to The Hoot.

More on what Tejpal's version of events is at The Hoot.

6.23 pm: MHA seeks more details into Tejpal assault case

Minister of State for Home Affairs RPN Singh has just officially confirmed that the MHA has asked for more details on the Tejpal sexual assault case, saying that it was an 'extremely serious matter'.

Singh made the comment on his Twitter feed:

 

Earlier as well, the MHA had asked the Goa police for more information into the incident.

6.00 pm: Feel dirty for having participated in Think India, says Park Street rape survivor

5.45 pm: Shoma Chaudhry's conduct is shameful, says Tavleen Singh

Speaking to NDTV, Tavleen Singh has lashed out at Tehelka managing editor Shoma Chaudhury, saying that her statements made it seem as though it was Tarun Tejpal who was the victim, and not the girl who had been sexually assaulted.

Anti-corrution activist Kiran Bedi added that "Chaudhury had lost it", saying that it would have been better if she had said nothing at all.

5.40 pm: Tejpal is the culprit, says Goa CM Parrikar

Goa Chief Minister Manohar Parrikar has said that one thing was certain in the entire sexual assault case - that Tejpal was the culprit and the young girl was the victim.

Speaking to Times Now, Parrikar refused to comment on the police investigation, saying that it was up to the police to collect evidence to prosecute. He also cautioned media that only an FIR had been filed, adding that this was not the same thing as a chargesheet.

5.15 pm: Delhi police team reach Tarun Tejpal's residence

A team of officers from the Delhi police visited Tarun Tejpal's Delhi residence. The team had left after a few minutes, and had reportedly only said that they had come to deliver some papers to Tejpal.

Another officer said they had come to see that there were untoward incidents outside Tejpal's home.

However Times Now reported that the Goa police had formally asked the Delhi police for help in its investigation into the sexual assault case against the Tehelka editor. It is not yet known if the police visit is related to this request.  It is likely that they were checking to see if Tejpal was still in the national capital.

A Goa police is reportedly en route to Delhi, in connection with a suo moto FIR it filed into the incident after perusing CCTV  footage. The police have charged Tejpal with rape.

3.41 pm: Tehelka is legally bound to cooperate with police probe, says Goa DGP

The Goa police has constituted a special team to investigate the Tarun Tejpal sexual assault case, according to DGP Kishan Kumar.

Addressing a media conference, Kumar said that they had already written to Shoma Chaudhury, asking her to hand over the correspondence by the victim, adding that the management of Tehelka was legally bound to do so.

He added that he could speak about the arrest of Tejpal, saying that it was for the IO to conduct necessary procedures according to law.

3.10 pm: Don't call Tejpal a rapist, says Shoma Chaudhury

Meanwhile speaking to NDTV, Tehelka managing editor Shoma Chaudhury hit out at the fact that Tejpal was being accused of 'rape', saying that basic reporting guidelines dictated that the word 'alleged' should be used in describing the incident.

In particular she referred to BJP leader Arun Jaitley, saying that as an eminent lawyer and former law minister, he should have known better than to take such a strong position in calling the incident rape. She added that now that the case was no longer an institutional affair and was in the public domain, Tejpal had a right to provide his version of the story.

Chaudhury added that it was sad that she was being seen as acting against the victim, when she was actually very proud that she had spoken out. "That said however, in a public discourse my loyalty is to the truth, and my allegiance is to both sides", she said.

She added however that if the girl's statement was proven to be correct, she would call the incident rape or an attempt to rape.

2.50 pm: Goa police team leaves for Delhi to arrest Tejpal

A team of policemen from Goa has left for Delhi to arrest Tehelka editor Tarun Tejpal, according to a report by the NDTV news channel.

The news came even as the Goa police confirmed that it has filed an FIR in the case, and Tejpal broke his silence to say that he would fully cooperate with the probe.

The police action to file the FIR and their move to arrest Tejpal despite the lack of a complaint from the victim are done in accordance with more stringent powers granted to them to act against sexual assault under the new anti-rape provisions that were passed by Parliament.

2:40 pm: ABVP holds protest rally outside Tehelka office

A group of ABVP activists are holding a protest outside the Tehelka office.

Their demand? The immediate arrest of Tehelka's former editor-in-chief Tarun Tejpal

2:20 pm: Parrikar says he has asked police to deal with case with an iron hand

"I have told the police to act as per the rule of law," Parrikar told Times Now.

Parrikar said that he had asked the police to deal with the matter with an 'iron hand' and said he ensure the police acted on crimes which affected society.

"It is important to crack down on crimes by so called VIPs which shake faith of common people," Parrikar said.

Tehelka cannot say it will not cooperate. The FIR has already been filed, he said.

2:00 pm: Tarun Tejpal issues statement, promises to cooperate

In his first response since the controversy began, Tehelka former editor in chief has issued a statement:

There have been serious allegations cast on me in this last week, and unfortunately as sometimes happens in life, the complete truth and the need to do the honorable thing can come into conflict. In this case this anguish was accentuated by the fact that very many intimate people, professional and personal, were involved.

For four days, as demanded by Shoma Chaudhury, the managing editor, and the recipient of the complaint, I have tried to do what was honorably demanded of me. On Tuesday I issued an apology for the alleged misconduct, as desired by the journalist through Shoma Chaudhury.

On Wednesday I stepped down from the editorship of Tehelka and removed myself from the office premises. On Thursday I learnt of the formation of the complaints committee.

I offer my fullest cooperation to the police and all other authorities, and look to presenting all the facts of this incident to it. I also urge the committee and the police to obtain, examine and release the cctv footage so that the accurate version of events stands clearly revealed.

Tarun J Tejpal

2:00 pm: DGP says case of rape filed against Tejpal

Speaking to Times Now, Goa DGP Kishan Kumar said that the case against Tarun Tejpal is under sections of law pertaining to rape and outraging the modesty of a woman.

1:58 pm: Will arrest Tejpal if he doesn't co-operate, says DGP

Goa Police DGP Kishan Kumar said that they had filed an FIR against the former editor-in-chief of the magazine and they would arrest Tejpal if he did not co-operate.

The seniormost official in Goa Police said that they would expect Tarun Tejpal to co-operate with the probe but if he didn't they could arrest him.

"We can't tell you further details of investigations," Kumar told CNN-IBN.

1:50 pm: Goa Police files case of attempt to rape against Tejpal

The Goa Police has registered an FIR against Tehelka editor Tarun Tejpal, reports CNN-IBN.

The police has registered a case under sections of law for attempting to rape a woman and outraging the modesty of a woman, the channel reported.

The Goa Police had already collected CCTV footage from the hotel in which the incident allegedly took place and had earlier been instructed by the National Commission for Women to file an FIR.

1. 11pm: Won't cooperate with Goa police unless victim files complaint, says Chaudhry

Even as the Goa police has said that it is investigating the CCTV footage from the hotel in which the incident of sexual assault concerning Tehelka managing editor Tarun Tejpal and a young woman journalist is believed to have taken place, Managing editor Shoma Chaudhry has said she will not cooperate with the probe.

Speaking to CNN-IBN earlier, Chaudhry said that there was no reason for her to cooperate with the probe if the victim herself had not made a complaint to the police.

"As a woman, as a feminist, I believe that she get to decide what to do next as this is her body", Chaudhry told the channnel.

Earlier  DIG Panaji, OP Mishra said that a preliminary inquiry has begun, and confirmed that they had asked Shoma Chaudhary to give the statements and documents given to her by the victim.

Meanwhile Times Now reported that the Ministry of Home Affairs has sought a report from the Goa Home Department on the case.

12.09 pm: Tejpal sexual assault does not concern Tehelka, says Chaudhry

Speaking to CNN-IBN, Tehelka managing editor Shoma Chaudhry has said that  the incident did not impact Tehelka as an institution. He said that he acted as an individual, and after his decision to step down, the institution stood outside of him.

She refused to engage or accept with the premise that the incident was tantamount to an abuse of power on the part of Tejpal, and reacted angrily to suggestions that Tehelka was not holding itself to the same standard that it held everyone else accountable to.

She also claimed that Tehelka was being subjected to a trial by media, likening the situation to 'what had happened to the Talwar's' in the Aarushi case, prompting Rajdeep Sardesai to ask if Tehelka was projecting itself as the victim here.

Chaudhry, insisting that her remarks were being misinterpreted, kept reiterating that the panel would look at both 'versions' of the incident, and come to a conclusion that the organisation would abide by.

She added that  it was the prerogative of the woman journalist concerned to decide whether or not to take the complaint of sexual assault further, saying that it was her body and it was her decision to go to the police or not.

 11.59 am: Tehelka does not have double standards, insists Chaudhry

Directly confronted about whether or not Tehelka's response to the case of sexual assault was a case of double standards, Managing editor Shoma Chaudhry denied that this was the case.

Speaking to CNN-IBN, she said that in four days she had constituted an internal panel committee, had made Tejpal resign, and apologise.

11.49 am: Tejpal had a different version of events, says Shoma Chaudhry

Noting that she was 'devastated' by the account of a woman journalist who said she had been sexually assaulted by Tehelka editor Tarun Tejpal, Managing editor Shoma Chaudhry said Tejpal had a different version of what had happened.

Speaking to CNN-IBN, Chaudhry refused to divulge Tejpal's version of events, saying that she had already overridden it. She also denied that Tejpal stepping down was little more than a cover up.

She also defended a decision to constitute an internal probe, and said she had sought to redress the situation as quickly as possible. "I was driven by the sense by that she wanted an institutional response and I was working towards getting that", she said.

She also dismissed that the incident was a 'criminal case', saying that the woman journalist concerned had not filed a police complaint.

11.15 am: Goa police examining CCTV footage

The Goa police has said that it has received the CCTV footage from the hotel, in which the sexual assault of a female journalist by Tarun Tejpal took place and are examining it.

11.00 am: Tarun Tejpal is not running away, says Chaudhry

Tehelka Managing editor Shoma Chaudhry has said that Tarun Tejpal is not 'running away' from the sexual assault charges levelled against him, adding that he would fully cooperate with the internal panel to set up to investigate the incident.

Chaudhry also pleaded for 'more time to do the right thing', adding that ever since the letters had been leaked, she had been working in real time, and had not had a chance to do right by the victim. She also asked that the media wait for the findings of the committee.

She reiterated that her sole focus had been on the victim thus far, which had not let her 'do right' by the institution.

10.56 am: Shoma Chaudhry denies Tehelka 'delayed' action on sexual assault

Tehelka editor Shoma Chaudhry has dismissed allegations that there had been a delay in Tehelka addressing the charge of sexual assault directed at editor Tarun Tejpal, saying that within three days, she had made Tejpal apologise, that he had stepped down, and she had constituted a committee of inquiry.

Speaking to media outside the Tehelka office in New Delhi, Chaudhry added that she had no idea that the young journalist was 'disappointed' with Tehelka's response, saying that she had only heard as much through television channels. She added that the journalist concerned had only asked for an unconditional apology, which she had received. Chaudhry added that when the journalist had seen Tejpal's letter she had 'agreed that he seemed genuinely sorry'.

Chaudhry added that she had overridden Tarun Tejpal's contention that the incident between him and a female journalist had been consensual,  and had confronted him angrily the moment she had received the complaint from the concerned female journalist that she had been sexually assaulted.

"Because my sole focus was on her, I sent out the letter to everyone, forgetting that it was the first time that this was going public. I was so focused on her, that I should have realised that it could have been leaked", she added. She also said that she didn't realise that the tone of Tejpal's letter could be construed as being vain, considering that it was a letter he had written to her.

10.00 am: NCW to file FIR with Goa police

The National Commission for Women have written to the Goa police and instructed them to file an FIR  in connection with the Tarun Tejpal sexual assault case. The NCW has also expressed its shock at the manner in which the matter has been handled by the Tehelka management.

9:10 am: Goa police seek emails from Tehelka staffer

A report from Mayabhushan Nagvenkar in Goa states that the state police has already procured a copy of the victim's emailed letter to Tehelka's managing editor Shoma Chaudhury, as well as some other key intra-office communications.

As he reports the Congress and BJP are currently sparring over what action will be taken against the Tehelka editor-in-chief.

End of updates for November 21

9.45 pm: Tehelka constitutes sexual harassment complaint panel

The Tehelka administration has finally constituted a sexual harassment complaint panel to probe the charges of sexual assault against its editor in chief Tarun Tejpal.

The panel will be headed by noted women's rights activist Urvashi Butalia as well as other prominent leaders in the field.

Below is the full statement issued by Managing Editor Shoma Chaudhury:

In furtherance to Tehelka's acceptance of Tarun Tejpal's recusal from editorship of Tehelka on November 20th, which followed the official unconditional apology he had mailed to the journalist concerned on November 19th, Tehelka has now constituted a formal complaints committee, in accordance to Vishaka guidelines, to be presided over by Urvashi Butalia, eminent feminist and publisher, to investigate the matter. The other members of the committee will be announced shortly.

In addition to this, Tehelka will ensure setting up a formal complaints committee, according to section 4 of the Sexual Harassment of Women (Prevention, Prohibition and Redressal Act, 2013), an institutional mechanism that was sorely missing in Tehelka.

 

7.30 pm: Editors Guild condemns incident, says there must be no cover up

Meanwhile, the Editor's Guild of India has condemned the incident and said no attempt must be made to cover up or play down the extremely serious incident.

Following is the full text of the statement:

The allegations of grave sexual assault made by a journalist of Tehelka against the magazine's editor Tarun Tejpal, are on the face of it shocking and shameful. Such incidents anywhere are condemnable in the strongest terms but the Guild is particularly saddened that they should engulf a media organisation. It is emphatically the philosophy of the Guild that the media that is in the business of holding public persons accountable should itself be held to the highest standards of conduct and decency. The conduct that has been alleged would constitute grave sexual assault at the very least taking advantage of the authority and power of the perpetrator within the media organisation. It also brings out vulnerability of young women journalists who need to be protected and free to pursue their careers without the fear of being subjected to such assaults.

There ought not to be any attempt to cover up or play down this extremely serious incident. Self-proclaimed atonement and recusal for a period are hardly the remedies for what the allegations show to be outright criminality. The full force of the law must be brought into its investigation and prosecution. Due regard must be paid to the sensitivity and privacy of the victim who has already been put to grievous suffering.

 

7.23 pm: Vice President Ansari puts Tejpal's withdraws Tejpal's name from Prasar Bharti board

The Vice President of India Hamid Ansari has decided to put on hold former Editor-in-chief of Tehelka Tarun Tejpal's name from the list of recommended journalists to be a part of the Prasar Bharti board.

The committee that recommends names includes the PCI chief Markandey Katju and a member of the Information and Broadcasting Ministry besides Ansari.

6.44 pm: Goa Police procures CCTV footage from hotel

Goa Police have confirmed to Times Now that they are in possession of CCTV footage from the hotel where the incident took place.

The police have also written to the Managing Editor Shoma Chaudhury asking for details of the ThinkFest event that concluded earlier this month.

5:05 pm: Have asked if FIR possible, says Goa CM

Goa Chief Minister Manohar Parrikar has said that he has sought a preliminary enquiry into the matter and would await the findings of the police.

"High profile cases need high profile action," Parrikar said.

"We will wait for the report, once we get it, we will consider further action... tht is the status as of now," Parrikar told reporters in his office.

He further said that a preliminary inquiry does not require a complaint from the victim, saying if the criminal offence took place in the jurisdiction of Goa then the government is required to investigate irrespective of whether there is a complaint or not.

Parrikar further added that the Goa Commission for Women could take up the case suo moto.

4:45 pm: Tehelka editor says that committee will be formed today, still an internal matter

Managing editor Shoma Chadhury said that she was setting up a committee and it would be completed by the evening.

"I am being driven by what the aggrieved journalist wants, please let me address her concerns first," she said.

"An apology has been given and the editor has resigned. Are these not actions? What more do you want?" the editor said.

Chaudhury has said that the management of the magazine had met all the demands of the aggrieved journalist and if she was upset about it her priority would be to deal with her concerns.

She also said that it was still an internal matter and would have remained one until the emails were leaked to the media.

"It is not a case. The aggrieved party sent me a mail. She wanted action and it has been taken... It is an internal matter," Chaudhury said.

3:30 pm: Network of Women in Media protests incident, seeks action

An organisation representing women in the media has also protested against the incident and has demanded that the magazine assist the victim in initiating criminal proceedings and action under the sexual harassment act.

"At the same time we think it is important for the media to refrain from circulating details that could reveal the survivor's identity and/or are merely titillating and do not serve any public purpose," The Network for Women in India said in its statement.

2.57: Goa Police to summon Tarun Tejpal for questioning

Sources in the Goa Police have told Times Now that they will summon Tarun Tejpal to Goa for questioning as early as this evening or tomorrow.

Earlier today, Goa CM Manohar Parrikar said the government was taking suo moto action in the case and has asked the hotel to hand over CCTV footage of the incident.

2:42 pm: Delhi Union of Journalists condemns incident

The Delhi Union of Journalists has also condemned the incident and said that no journalist found guilty of sexual harassment should be let off.

2:30 pm: Shoma Chaudhary seeks more time to respond

Under fire managing editor of Tehelka Shoma Chaudhury has requested that the media give her more time to act on the complaint and said she would address all the questions on the matter.

"I wont respond to the question at this point. I need more time," she told reporters outside the Tehelka office in Delhi

"I want to address the issues that have been raised.. I understand the need for transparency. Please give me the time to respond to it," she said.

"The way these letters have leaked I have not been able to act in a matter that I would like to," the editor said.

Chaudhury has been under for allegedly playing down the incident and said that despite the seriousness of the incident there was no need to take action hastily.

"I am not a fugitive. Tejpal is not a fugitive. The institution is not a fugitive. A grievous incident has taken place," she said.

Chaudhury also said that she was in touch with the victim and was "not mad to say things without being in touch with her".

She did not rule out the possibility that she would hold a press conference later.

2:10 pm: Should Tehelka managing editor face action for ignoring victim

https://twitter.com/raju/status/403438168206475264

2:05 pm: Essential that Tehelka does the right thing, says Vardrajan

Former editor-in-chief of The Hindu Siddharth Vardrajan said that it was important that Tehelka took the appropriate steps to ensure the victim in this case received justice.

"You can't be outraged about what is happening within society unless we have safe working environments for women," the senior journalist told CNN-IBN.

He said it was matter that concerned law, society and it was important that Tehelka did the right thing.

2:00 pm: I&B Minister says they will comment later

Minister for Information and Broadcasting Manish Tewari has refused to comment on the issue.

"This is a very sensitive issue. We will look into the matter and then comment," he said.

1:45 pm: Goa Chief Minister Parrikar says they will take action

Speaking to Times Now, Goa Chief Minister Manohar Parrikar said that he has been in touch with the police that has now identified the hotel in which the conference the victim referred to was held.

"We will take action," Parrikar said.

1:40 pm: AIPWA chief says victim wants to file case with police

Kavitha Krishnan, who heads the All India Progressive Women's Association (AIPWA) said that she was in touch with the victim in this case and she has every intention about taking the matter to the police.

The victim wanted a sexual harassment cell set up in the magazine as well and was seeking more action against Tejpal than what has been done so far, Krishanan said.

"The apology is not really an apology... The complainant is not asking for penance but proper process," Krishnan told CNN-IBN.

The magazine should form a inquiry committee to look in to the matter, she said.

1:20 pm: BJP draws parallels with snooping scandal and Tehelka scandal

The BJP has decided to go after the Congress and Tehelka over the issue of Tarun Tejpal's decision to recuse himself as editor-in-chief.

"Do they have such a committee on board? Has such an incident taken place in the past?" BJP spokesperson Meenakshi Lekhi said.

She pointed that Managing Editor Shoma Chaudhary had been protesting rape laws and crimes against women

"Some sort of cover up seems to be underway. If the girl has shown the gumption to come out in public we should stand by her," she said.

"I am on purpose trying to draw a parallel between two women. One women is seeking anonymity and it is being violated," she said.

Lekhi accused media persons of covering acts of criminality and said all groups needed to work together to ensure justice is delivered to all women. She also accused the Congress and its surrogates of double standards.

"Here when a woman is undergoing all this no help is coming," Lekhi said.

"A private issue should not be sensationalised and a sensational issue should not be covered up," she said.

She accused the media of running a 'malicious campaign' against the woman who was seeking privacy in the snooping scandal in Gujarat and even claimed some memos from the Tehelka office had gone missing.

1:00 pm: Goa cops seek CCTV footage from hotel where conference was held

CNN-IBN reports that the Goa police is seeking CCTV footage from the hotel in which the alleged incidents of sexual assault took place.

This comes despite the woman not filing a complaint with the police in the matter.
]AFPAFP
As reported earlier, in the event of physical abuse the police can take suo motu cognisance of it and file a complaint based on evidence like CCTV footage.

12:30 pm: Woman reiterates that she is unsatisfied with management's response

Times Now quoted the woman as saying that despite the Managing Editor's claim that she was satisfied with the action taken so far, she was not.

"I am disappointed with the response," she told the news channel.

She also reportedly said that others in the magazine were equally unhappy with the action taken by the publication against its editor-in-chief.

12:00 pm: Outrage against Tehelka's action against Tejpal

Many have already begun to question whether the action taken against Tejpal is inadequate.

What has sparked further outrage is a statement by Chaudhary that the magazine won't be instituting an inquiry into the matter and said it was "an internal problem".

Some like Javed Akhtar, who came to Tejpal's defence, were also roundly chastised. Andalmost all on Twitter sought further action against Tejpal, with his name and that of the managing editor's both trending on the micro-blogging site.

Even within the journalistic fraternity, on and off Twitter, most backed stronger action against Tejpal.



Some like CNN-IBN's National Affairs Editor Bhupendra Chaubey were stinging in their criticism of the action taken against Tejpal so far and questioned why the organisation wasn't taking further action against him or why a body like the National Commission for Women didn't take action against him.

However, practising Supreme Court lawyer Sanjay Hegde said that if the abuse faced by the woman was verbal then it was indeed an internal matter and a committee in Tehelka could decide the action against Tejpal.

An internal committee within Tehelka was adequate to decide whether his recusing himself as editor in chief was adequate, Hegde said.

"If there was any physical attack, then irrespective of whether the victim complains or not if there is evidence like video recordings, it can be enough for filing of a criminal complaint," Hegde told CNN-IBN.

The woman in her complaint had said that the assault had taken place in an hotel elevator in Goa and according to Hegde, a case could be registered in Goa.

Despite the sea of outrage over the incident, Tejpal has maintained a stony silence and apart from Chaudhary's statement claiming it to be an internal matter, Tehelka has said nothing else. Unfortunately, silence and obfuscation will not help.

Tehelka case: Goa Police to quiz Tarun Tejpal, Shoma; take victim's statement

  | New Delhi, November 23, 2013 | 05:39
Tarun Tejpal sexual harassment case
Tarun Tejpal sexual harassment case


10.35 am: 
A senior Goa police official said the Crime Branch team led by a Deputy Superintendent will record the statement of Chaudhury before further action.

The police are trying to collect e-mails of Tarun Tejpal in connection with the incident and the complaint of the girl to the management following which he will be questioned, the official said and did not rule out hisarrest.

09.21 am:
 A special investigation team of Goa Police on Saturday flew to Delhi in connection with the probe into alleged sexual assault of a Tehelka journalist by its Editor Tarun Tejpal and will seek to record the statements of the two along with that of magazine's Managing Editor Shoma Chaudhury.

An alternate version of the Goa hotel incident featuring Tehelka magazine's recused editor-inchief Tarun Tejpal that hinges on CCTV footage slipped insidiously into the public discourse on Friday.

Tehelka 
Managing Editor Shoma Chaudhury said that she had confronted Tejpal "very, very angrily" on Monday-"the moment I got this complaint"- when he offered an alternate version of events. Later on Friday, a text message purportedly sent by Tejpal to his friends invoked the alternate version again, calling the girl's version a "total lie" that "CCTV footage would establish". Tejpal's official response on Friday was in tandem, urging "the committee and the police to obtain, examine and release the CCTV footage so that the accurate version of events stands clearly revealed".

Goa Chief Minister Manohar Parrikar, however, told Mail Today from Panaji over phone that there were "no CCTV cameras in the hotel lift". "There is no camera installed in the lift of the hotel where the alleged assault took place. We do not have CCTVs in Goa hotel lifts. There is a CCTV outside the lift and the state police had registered the case on the basis of circumstantial evidence and the statement of the girl as reported widely in the media," he says. The Goa Police on Friday filed an FIR against Tejpal that charges him with "rape and outraging modesty", and a team was detailed to Delhi for questioning him as well as Chaudhury.


CCTV footage of the incident from a camera installed in the corridor that the lift opens to is available, sources said, adding that the manner in which the woman journalist exited the lift seems to substantiate her charges of sexual assault. "We still have a case against him and the circumstantial evidence is strong enough to pursue it," Parrikar told Mail Today.

The Goa police chief echoed Parrikar, who is also the state's home minister. Director General of Police Kishan Kumar confirmed that there were no CCTV cameras in the hotel's lifts. "With the FIR we have set the ball rolling. We still have a case to investigate. There are many cases which have been investigated on the basis of circumstantial evidence. In cases of rape, the burden of proof is on the accused and not the victim" he told Mail Today.

CCTV footage could be crucial to Tejpal's defence. The Tejpal SMS to friends that quickly leaked out all over the Net said he kept "correct form" by apologising "out of an attempt to preserve the girl's dignity" and on "Shoma's adamantine feminist-principle insistence". The message said the alleged rape was actually a "less than a minute-long fleeting, totally consensual encounter in the lift of a two-storey building".


'Case stands'

Parrikar said the case holds on the basis of the victim's letter and Tejpal's "admission of guilt", but added that the case would get stronger if the victim herself registered a case. "We have the girl's letter, but her personal presence in the case before the police will strengthen the case," he said.

The Goa DGP said the victim's deposition "is essential". "She is the main victim around which the case will be investigated and her personal presence will definitely make a lot of difference," he added. Parrikar, however, cautioned: "We cannot force the victim, but I can say that under the new anti-rape law, we do not require strong direct evidence... we have a strong case and will be able to file the chargesheet."

Advocate Pinky Anand agreed. "The statement of the victim in this case is enough. The logic of criminal jurisprudence in such cases is that there was no third person involved and hence, the statement of the victim, her complaint made to the managing editor and above all Tejpal's own mail acknowledging the incident are adequate corroborative evidence. Besides, even if there is no CCTV footage of what took place inside the elevator, there will be some record of what took place in the lobby or around the elevator. And the text messages that Tejpal allegedly sent to her later with some keywords will be adequate to nail him," she said.

Politics

Politics continued to swirl around the controversy. In Panaji, top state officials would only say "a lot of politics is going on". The BJP made hay. Senior BJP leader Arun Jaitley said: "Just because the assailant has Congress connections, the nation is deprived of the sage advice of P. Chidambaram, the caustic comments of Kapil Sibal and the exaggerated tweets of Manish Tewari." The Congress, whose relative silence has been questioned for all manner of motive, woke up. Information and Broadcasting Minister Tewari said the legal process relating to the allegation of sexual assault against Tejpal should be allowed to "reach its logical conclusion".
Tehelka's office in GK.


Delhi Chief Minister Sheila Dikshit couldn't resist the temptation of sniping at Modi. "There is not much of a basic difference between the snooping episode allegedly involving Narendra Modi and the latest sexual assault case of a woman journalist by Tehelka editor Tejpal as both the incidents are an attack on the dignity of women," Dikshit said.

Yoga guru Baba Ramdev chipped in: "Tehelka should publish the story of Tejpal's misdeeds on the front page of the magazine."{mosimage}

http://indiatoday.intoday.in/story/tarun-tejpal-sexual-assault-case-tehelka-manohar-parrikar-goa-police-shoma-choudhary/1/326169.html

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