Goa probes alleged sexual assault by Tehelka founder Tarun Tejpal

November 22, 2013

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Panaji/New Delhi, Nov 22: The Goa government on Thursday ordered a suo motu "preliminary inquiry" into allegations that Tehelka's high-profile founder-editor and author Tarun Tejpal sexually assaulted a junior colleague in the lift of a starred hotel near the state capital of Panaji.

Briefing the media, chief minister Manohar Parrikar, who also holds the home portfolio, said that "a prima facie case has been made out" and didn't rule out summoning Tejpal, who has not been available for comment since the charges surfaced on Wednesday.

Goa DGP Kishan Kumar said the police have also asked the magazine's managing editor Shoma Chaudhury to hand over a copy of the complaint submitted to her by the victim "for necessary action". He said Chaudhury had not referred the matter to the police after receiving the complaint from the girl "as she was legally bound to do". "We cannot register an FIR based on media reports. We'll need a copy of the complaint," he added. Sources said the police have obtained video footage of the lift from the hotel management.

Tejpal had on Wednesday announced his decision to step down as editor of Tehelka for six months following the journalist's complaint to Chaudhury on November 18 alleging that while on duty she was sexually assaulted by Tejpal on two occasions on November 7 and 8 at the magazine's annual ThinkFest.

What provoked searing criticism was Tejpal's email to Chaudhury which stated that he was recusing himself from editorship as he "must do the penance that lacerates me". Kavita Krishnan, who heads the All India Progressive Women's Association (AIPWA), described Tehelka's response as "completely inadequate and in fact shocking. Penance is no substitute for due process and penalty." "Tarun Tejpal is no God to decide his own course of punishment," said Mamata Sharma, head of the National Commission for Women (NCW).

Chaudhury also came under fire on Thursday for her handling of the situation. She had told a TV channel, "There was an incident which has been dealt with internally. An unconditional apology was extended by Tarun. The journalist concerned was satisfied with the action taken." The journalist responded by saying, "I am deeply disappointed with Tehelka's response. The claim that I am 'satisfied' is false."

In her mail to Chaudhury, which details the two separate alleged incidents as well as everything that happened before and after, the journalist said, "Both times, I returned to my room in a completely distraught condition, trembling and crying.'' She said she had reported both incidents to three colleagues who were also in Goa for the festival. She said Tejpal later sent her text messages insinuating that she had "misconstrued'' the "drunken banter".

In an email to the magazine's staffers, Chaudhury had said: "There has been an untoward incident, and though he has extended an unconditional apology to the colleague involved, Tarun will be recusing himself as the editor of Tehelka for the next six months."

She attached an email from Tejpal which began, "The last few days have been most testing, and I squarely take the blame for this. A bad lapse of judgement, an awful misreading of the situation, have led to an unfortunate incident that rails against all we believe in and fight for."

When questioned about the incident, Shoma told The Indian Express: "I don't know how this concerns you...I don't think you can ask me these questions".

Facing flak for describing the case as an "internal matter", Chaudhury tried to defend her position by saying: "From my understanding she wanted an apology and it was given to her. The editor stepped down which was not something she had asked for, it was over and above that."

But when the criticism snowballed late Thursday, Chaudhury issued a statement saying Tehelka had now constituted a committee, as per Vishaka guidelines, headed by feminist and publisher Urvashi Butalia to investigate the matter.

At the press conference, chief minister Parikkar said that though Goa police could have filed an FIR, they had limited themselves to conducting a preliminary enquiry and the next course of action would depend on what this yielded.

Parrikar said action would be taken as per law. "Higher the person, higher the punishment should be, subject to the law. If in a high profile case, you do not punish the guilty, society will lose faith in institutions."

The victim has not submitted any complaint to the Goa police but Parrikar said that a preliminary enquiry does not need a complaint. "Also, a criminal offence within the jurisdiction of Goa necessitates that we investigate the charges regardless of whether a complaint is there or not," he added. The preliminary inquiry could take between anywhere one day to a week because the offence was committed about 10 days ago, he indicated.

Asked about the nature of the offence, Parrikar said that available information pointed towards attempted rape or molestation. Asked if he was depending only on media reports, Parrikar said the government had no knowledge of the offence beyond media reports.

The Goa state women's commission would also take cognizance of the offence and initiate suo motu action, he said. Commission chairperson Vidhya Shet Tanawade said the commission would meet on Friday to discuss the issue and decide on what needed to be done.

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News Network
November 11,2024

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The Manipur Kuki MLAs have released a statement calling out Solicitor General Tushar Mehta's 'lies' in the Supreme Court. In a joint statement, the MLAs, including those from the Bharatiya Janata Party, said they had not had any meeting with the Chief Minister since May 3, 2023, nor did they intend to meet him in the future as “he was the mastermind behind the violence”.

As per the MLAs, the SG lied about state CM N Biren Singh speaking to Kuki MLAs to control the situation there, in order to halt a Supreme Court probe into the leaked tapes which allege that Singh has been complicit in the violence that broke out between Kukis and Meitis there.

"We...clarify that we have never had any meeting with Chief Minister, Shri N. Biren Singh since May 3, 2023, nor have any intention to meet him in future as he is the mastermind behind the violence and ethnic cleansing of our people from the Imphal valley, which is continuing till today, the latest being the brutal killing and burning of Mrs Zosangkim Hmar on November 7, 2024," the letter read, while condemning the recent 'barbaric' killing of the woman there, and noting the SG's assertion is 'tantamount' to misleading the top court.

“We, the undersigned ten MLAs, have come to know that during the Supreme Court hearing held on November 8, 2024, the Solicitor General of India submitted that ‘CM is meeting all Kuki MLAs and trying to bring the situation down to get peace’. In this connection, we hereby categorically state that this submission is a blatant lie and tantamount to misleading the Hon’ble Supreme Court of India,” the statement said.

The Supreme Court, while hearing a petition by a Kuki organisation, asked that it submit audio tapes to substantiate its claim that the Chief Minister was instrumental in inciting and organising violence in the northeastern State.

Solicitor-General Tushar Mehta orally informed the court that the Chief Minister was meeting all the Kuki-Zo MLAs and that peace in the State had come at a huge cost.

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News Network
November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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News Network
November 12,2024

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The Taliban regime has appointed Ikramuddin Kamil as the acting consul in the Afghan mission in Mumbai, Afghan media has reported.

It is the first such appointment made by the Taliban set up to any Afghan mission in India.

There was no immediate comment from the Indian side on the appointment that came.

The Ministry of Foreign Affairs of Afghanistan has announced the appointment of Kamil as the acting consul in Mumbai, the Taliban-controlled Bakhtar News Agency reported on Monday, citing unnamed sources.

"He is currently in Mumbai, where he is fulfilling his duties as a diplomat representing the Islamic Emirate," it said.

The appointment is part of Kabul's efforts to strengthen diplomatic ties with India and enhance its presence abroad, the media outlet said

Kamil holds a PhD degree in international law and previously served as the deputy director in the department of security cooperation and border affairs in the foreign ministry, it said.

He is expected to facilitate consular services and represent the interests of Afghanistan in India, the report added.

Kamil's appointment comes days after the external affairs ministry's point-person for Afghanistan held talks with the Taliban's acting defence minister, Mullah Mohammad Yaqoob, in Kabul.

Sher Mohammad Abbas Stanikzai, the Taliban's deputy foreign minister for political affairs, also posted on X about Kamil's appointment.

The appointment of Kamil is seen as part of efforts to facilitate consular services to the Afghan population in Mumbai.

There has been almost negligible presence of diplomatic staff at the Afghan missions in India.

Most of the diplomats appointed by the Ashraf Ghani government have already left India.

In May, Zakia Wardak, the seniormost Afghan diplomat in India, resigned from her position after reports emerged that she was caught at the Mumbai airport for allegedly trying to smuggle 25 kg of gold worth Rs 18.6 crore from Dubai.

Wardak had taken charge as the acting ambassador of Afghanistan to New Delhi late last year, after working as the Afghan consul general in Mumbai for more than two years.

She took charge of the Afghan embassy in New Delhi last November, after the mission helmed by then ambassador Farid Mamundzay announced its closure.

Mamundzay, who was an appointee of the Ghani government, had moved to the United Kingdom.

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