Tehelka case LIVE: Goa court rejects anticipatory bail plea of Tarun Tejpal
Smita Nair Posted online: Sat Nov 30 2013, 10:16 hrs
Panaji : A Goa court on Friday gave relief to the founder-editor of Tehelka magazine, Tarun Tejpal, barring the police from arresting him until today's hearing. The hearing has begun in the Goa court. Here are the highlights of the proceedings:
8:07 pm Principal and Sessions Judge Anuja Prabhudesai rejected the anticipatory bail plea of Tehelka founder-editor Tarun Tejpal, who has been accused of rape by a female colleague.
6:29 pm The decision gets delayed as Principal and Sessions Judge Anuja Prabhudesai gets her judgement typed inside her chamber.
4:36 pm Prosecution lawyer Saresh Lotlikar and Defence lawyer Geeta Luthra have walked inside the court of Principal and Sessions Judge Anuja Prabhudesai. Tarun Tejpal's family is also present at the court.
Meanwhile, Tarun Tejpal is at Donapaula Crime Branch office.
12:26 pm Court adjourns decision on Tarun Tejpal's bail plea till 4.30 pm.
12:13 pm The prosecution blames Tarun Tejpal for adding "salt to injury" by questioning the integrity of the victim, adding that immense courage is required by one to come in public and say that she has been "violated by a person who is like a father figure".
12:05 pm The prosecution targets the defence saying, "You say the law is draconian. Bear in mind that for the law to come in force, to pave its way, somebody had to pay with her life."
"Your contention that your immaculate reputation and such will be damaged, may we tell you that it's already gone for a toss, and mere detention under police custody won't do any further damage."
11:55 am The prosecution says that the versions of Tarun Tejpal needs to be crosschecked, which is possible only under custodial interrogation. Hitting out at the accused for calling the police biased, the prosecution claims that Tejpal has "misguided by changing his versions again and again".
11:48 am The prosecution argues that the victim was in a position of trust and is in this background that the case should be approached. Further pressing for Tejpal's arrest, the prosecution said, "Custodial interrogation different from any other kind of interrogation."
11:46 am According to the prosecution, the victim's statement is that she was sexually assaulted by Tejpal and the CCTV footage confirms the position to a certain extent.
11:37 am The prosecution has submitted the assessment of the CCTV footage from the Goa hotel, where the alleged incident took place, to the court.
11:36 am Arguing on behalf of the victim, the prosecution said, “The lady is known to accused and her father was a friend of the accused. Being the sole breadwinner, she had to make the decision of her life before writing the email.”
The prosecution further claimed that contrary to Tejpal, “who is changing colours like a chameleon”, the victim's statement from the first email to the probe has been consistent. It was further pointed that when the incident came to notice, Tejpal had tendered an apology, which is on record.
11:27 am Prosecution takes charge in the hearing as Tarun Tejpal's lawyer has concluded her arguments.
11:20 am Citing an earlier judgement, Tarun Tejpal's lawyer asserts that false allegation of rape is equally stressful. She further said, "While we regard the damage to the woman, we also need to appreciate the damage to applicant."
10:53 am "Seize my passport if you want...and we have also executed the bond," says Tejpal's lawyer on his behalf. She further assured the court that Tejpal would not go anywhere near the residence of the victim, thus avoiding doubts of tampering of statements.
10:46 am On behalf of Tarun Tejpal, his lawyer has told the judge, "I have offered I will stay in Goa till they decide to file a chargesheet. I can be in Bangalore. I can be wherever this court directs."
10:38 am Tejpal lawyer has asserted that her client has "not abused interim protection", adding that they are "just asking for an extension".
10:34 am Defending Tejpal's bail plea, his lawyer Geeta Luthra tells the court that humiliation and disgrace is attached to the arrest, and has consequences not only for him, also to his family and community he represents.
10:29 am Tehelka Founder-Editor Tarun Tejpal, who has been accused of raping a female colleague, walks inside the court room as the bail plea hearing continues.
10:15 am Tejpal's lawyer Geeta Luthra began her argument as the Judge gave her one hour time for the same.
10:11 am Hearing on the bail plea of Tarun Tajpal, who is accused of raping a female colleague, has begun in the court of Principal and Sessions Judge Anuja Prabhudesai. Tejpal's wife and sister are inside the courtroom.
Goa court denies Tejpal bail, can be arrested any moment now
Bhavya Dore and Agencies, Hindustan Times Panaji, November 30, 2013First Published: 09:07 IST(30/11/2013) | Last Updated: 20:18 IST(30/11/2013)
Tehelka founder Tarun Tejpal on Saturday faced arrest in connection with a sexual assault case after a sessions court rejected his anticipatory bail petition.
Tejpal on Friday was granted interim relief by the court.
Goa Police had strongly opposed Tejpal's anticipatory bail plea in the sessions court and sought custodial interrogation of Tejpal saying "prima facie" a case of rape is established as the judge adjourned hearing till 4.30pm.
District and sessions Judge Anuja Prabhudesai, who heard the arguments, took over two hours to decide.
She had on Friday given Tejpal interim protection till Saturday morning against his arrest in the case.
After the defence lawyer concluded her arguments, public prosecutor Saresh Lotlikar told the court that the Tehelka founder, who has been charged with sexually assaulting a former colleague in a five-star hotel in Goa, should be in police custody so that he can be properly interrogated.
He said Tejpal has been changing his version and is now claiming that he has not been heard.
"The accused has been changing colours like a chameleon through different statements," he told the judge.
The public prosecutor noted that the victim has been consistent in her statements.
Lotlikar said the CCTV footage of the hotel in Goa, where the incident occurred early this month, gives enough hints confirming the allegation of rape.
The lawyer also said that what Tejpal described as a "light hearted banter" needs to be probed.
He also argued that Tejpal was not available for Goa Police and appeared only after getting interim relief from court on Friday.
He alleged that Tejpal has in the past tried to influence the family of the complainant and referred to an FIR filed in Delhi in this regard. That the accused is interfering in the investigation is well corroborated by his past conduct, he added.
At the end of prosecution's arguments, judge Prabhudesai adjourned the matter till 4.30pm, when the order is expected.
Tejpal, who was present in the court, was later heckled by a protester who hurled a black flag at him, but missed.
Earlier, as the hearing resumed on Saturday morning, Tejpal's lawyer Geeta Luthra said he was ready to stay in Goa till the time the investigating agency needed him. He was ready to surrender all documents including his passport, she said, telling the police his arrest was not necessary.
She said he will also not visit Mumbai, where the victim is currently residing.
"There should not be any fear that he (Tejpal) will tamper with witnesses or evidence," the defence lawyer said.
Luthra also ruled out the possibility of Tejpal fleeing the country saying he has not fled before the FIR or after that.
"My client cannot tamper with the aggrieved girl as she will stand by her statement," the lawyer said.
Wrapping up her arguments, Luthra said false allegation of rape can bring distress to the accused and cause equal damage to him as to the complainant.
She said as the rape law has become more stringent, so it it all the more required for the accused to defend himself for which "his liberty may be preserved".
Ahead of hearing on his bail petition, Tejpal visited the crime branch office in Goa on Saturday morning and said he was cooperating in the investigation.
Police sources said Tejpal was not questioned and stayed for 10 minutes.
"We have joined the investigation started by the crime branch yesterday (Friday). We will join today (Saturday) also," Tejpal told reporters after coming out of the office.
Tejpal landed in Goa on Friday evening after dodging Goa Police for more than 24 hours, after the deadline for him to respond to police summons.
His legal team, which appeared before the court on Friday, had managed to secure interim relief until 10am on Saturday, claiming that the editor was being politically victimised and the charges levelled against him were fabricated.
The crime branch, which is investigating the case, wants custodial interrogation of Tejpal.
Shortly after his arrival from Delhi, Tejpal, accompanied by his family members and lawyers, drove to Dona Paula to appear before the police which had called him for questioning.
He brushed aside questions from journalists who mobbed him and asked him "would you confess".
The questioning lasted 90 minutes after which Tejpal left the crime branch office.
Tejpal is not evading the law and he is fully cooperating with Goa police, his lawyer Sandeep Kapoor said.
He said Tejpal was in the crime branch from 6.30pm to 9.15pm. A personal bond of Rs. 20,000 and a surety of the same amount was furnished, Kapoor said.
Tejpal on Friday questioned the legitimacy of the FIR and subsequent probe in the case and lashed out at the media accusing it of "screaming and shouting" all the time.
"... There is no complaint officially. An internal mail from the office decides a suo motu FIR?" he told a news channel in Goa at the airport.
Indicating a political conspiracy in the entire episode, Tejpal said, "It is being monitored on an hour-to-hour basis by some people in Delhi."
The former Tehelka editor, who has been under sharp criticism from various quarters ever since the incident came to light around a week ago, said, "... And the media is just screaming and shouting all the time."
(With PTI inputs)