The Supreme Court has instructed former Tehelka editor Tarun Tejpal to turn himself in to authorities within two weeks, turning down his request to remain free prior to the hearing of his criminal appeal against a 10-year prison sentence in a 2013 sexual assault case.
Order and Appeal Conditions
Justice Alok Aradhe refused the application for exemption from surrender and directed Tejpal to submit a certificate proving he has surrendered. The court specified that his appeal against the conviction will be scheduled for a hearing on September 22, provided he submits the required surrender certificate on or before that date.
Addressing the request, the bench stated that any decision regarding an exemption from surrender requires an examination of the nature of the alleged offence and the severity of the sentence handed down.
Arguments Presented by Defence
Representing Tejpal, senior advocates Kapil Sibal and Aman Lekhi argued before the court that no statutory provision requires a convicted individual to surrender prior to the listing of an appeal. Sibal urged the bench to consider that sending Tejpal to prison for a brief period before his appeal could be taken up served no practical purpose.
The defence also referred to an August 6 ruling by the Bombay High Court, which had granted Tejpal a four-week period to surrender. In that order, the high court highlighted that the matter dates back 13 years and noted Tejpal’s status as a senior citizen with established societal ties.
Case Background and Prior Rulings
The legal proceedings originate from a 2013 sexual assault allegation. Tejpal was initially acquitted by a trial court; however, that decision was subsequently overturned by the Bombay High Court, which found him guilty and sentenced him to a 10-year prison term. Sibal pointed out during arguments that the current appeal challenges the high court’s reversal of his trial court acquittal.
