SC declines to list Tejpal’s appeal until surrender plea is decided

The Supreme Court has decided not to list former Tehelka editor Tarun Tejpal's appeal against his conviction and 10-year jail term until it resolves whether he must surrender. Justice Alok Aradhe held that Tejpal's plea for exemption from surrender must be addressed before the appeal can be heard on its merits. The court directed that Tejpal's application seeking exemption be considered on Tuesday, following counsel Kapil Sibal's request to list both the application and appeal on August 31.

This decision means that Tejpal must first determine whether he will surrender or be exempted from surrender while his appeal is pending. Solicitor General Tushar Mehta, representing the Goa government, opposed listing the appeal without first settling the surrender issue, citing relevant Supreme Court Rules provisions. The court referenced earlier judgments to suggest that Tejpal's surrender requirement cannot be dispensed with unless the surrender application is granted.

Mehta conceded that the Supreme Court can waive the surrender condition but emphasized that the matter must be resolved before the appeal can proceed. Tejpal was convicted in August 2021 for two counts of aggravated rape, with a 10-year sentence and fine. The Goa High Court had overturned his 2021 acquittal and directed his surrender within four weeks.

He is required to surrender in the first week of September. Tejpal has denied the allegations and challenged the high court's findings, arguing that CCTV footage contradicts the prosecution case and questioning the circumstances surrounding the allegations. The Goa government has separately sought a life sentence, contending that the punishment is disproportionate to the severity of the crimes and disputing the concurrent imposition of sentences for the two aggravated rape offences, arguing that the assaults occurred on different days and involved distinct criminal acts.