Tehelka’s Tarun Tejpal acquitted in 2013 sexual harassment case

News Network
May 21, 2021

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Panaji, May 21: Former Tehelka editor-in-chief Tarun Tejpal was acquitted by a Goa court on Friday in the 2013 sexual harassment case.

He was accused of forcing himself on the woman, against her wishes, inside an elevator of the Grand Hyatt, Bambolim, Goa on November 7 and 8, 2013, during his newsmagazine Tehelka's official event - the THiNK 13 festival.

The Goa police registered an FIR against Tejpal in November 2013 following which he was arrested. He has been out on bail since May 2014.

Additional Sessions Judge Kshama Joshi reserved her verdict in the seven-year-old case, last month. The trial was held in-camera at Tejpal's instance.

The Goa crime branch had filed a charge sheet against Tejpal. He faced trial under IPC sections 341 (wrongful restraint), 342 (wrongful confinement), 354 (assault or criminal force with intent to outrage modesty), 354-A (sexual harassment), 354-B (assault or use of criminal force to woman with intent to disrobe), 376(2)(f) (person in position of authority over women, committing rape) and 376(2)k) (rape by person in position of control).

Special Public Prosecutor Francisco Tavora assisted by advocate Cyndiana D'Silva represented the Goa Police while Advocates Rajeev Gomes and Amir Khan represented Tejpal.

The Arrest

On November 18, 2013, a few days after the incident, the victim complained to Tehelka's then managing editor, another acclaimed journalist - Shoma Chaudhry. The next day, in a long email, Tejpal sent a formal apology to the victim in which he said, "I apologise unconditionally for the shameful lapse of judgement that led me to attempt a sexual liaison with you on two occasions on November 7 and November 8 2013, despite your clear reluctance that you did not want such attention from me."

He further wrote to Chaudhry, in which he called the incident 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.

The victim, however, insisted that an anti-sexual harassment cell be set up under the Vishakha guidelines to investigate the matter.

Given that his apology presents an entirely different version from my testimony, ie. attempts to establish that a "sexual liaison" took place as opposed to him sexually molesting me, I insist once again in the spirit of justice, to constitute an anti-sexual harassment cell in accordance with Vishakha Guidelines.

Tejpal eventually stepped down as editor for six-months to allow a fair internal inquiry.

In the meantime, on November 22, 2013, the Goa Police took suo motu cognisance of the allegations that had become front-page news and registered a complaint. Tejpal alleged he was being framed, and the case was a political conspiracy against him, especially since BJP was the ruling party in Goa.

It may be noted that Tehelka, and with it Tejpal, shot to fame in 2001 with Operation West End, a sting that exposed the then ruling party – NDA led by BJP's - corrupt defence deals, forcing the exit of BJP president, late Bengaru Laxman and defence minister George Fernandes. Tejpal had started the news website along with journalist Anirudhha Bahal.

As for the sexual harassment case, Tejpal was arrested on November 30, 2013, after a local court in Goa rejected his anticipatory bail application. He was granted regular bail by the Supreme Court less than a year later, in July 2014. In February 2014, the Goa Police Crime Branch filed a 2,846-page charge sheet against him.

Three years later, in June 2017, the Sessions Court allowed Tejpal's application to conduct the trial in-camera to protect both the parties' dignity, respect, and privacy.

On September 28, 2017 the Sessions Court framed charges against him, and the victim testified in March 2018. The prosecution has examined 71 witnesses and cross-examined five defence witnesses in the case. The prosecution's case mainly rests on the victim's statement, statements of her colleagues, and electronic evidence in the form of CCTV footage, e-mails and WhatsApp messages.

In August 2019, a Supreme Court bench of Justices Arun Mishra, M R Shah and B R Gavai SC rejected Tejpal's plea to quash the charges against him. Terming the offence "morally abhorrent" and an "assault on the privacy of the victim", the bench directed the Sessions Court to complete the trial within six months.

The prosecution then filed a supplementary charge sheet in January this year, citing ten more witnesses. In March, the prosecution and defence arguments concluded arguments and the case was reserved for orders.

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News Network
November 25,2024

Udupi: Six junior artists from the prequel of Kannada blockbuster film ‘Kantara’ were injured, when the bus they were travelling in overturned in the district, police said on Monday.

According to police, the accident occurred near Jadkal on Sunday night when the mini-bus carrying the crew of the film overturned.

“The incident happened while they were returning to Kollur after completing the shoot at Mudoor in Jadkal. The mini-bus was carrying 20 junior artistes when it met with the accident,” a police officer said.

The injured were rushed to hospitals in Jadkal and Kundapur for treatment, they said.

The Kollur police are investigating the matter.

"The news making rounds is completely false. The Kantara: Chapter 1 team began shooting at 06:00 AM today, and everything is proceeding as normal. A minor accident occurred 20 kilometres away from the shooting location, involving a local bus carrying some members of the Kantara team. However, no injuries were reported," a source close to the production said.

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News Network
November 15,2024

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Union minister Amit Shah on Friday, November 15, said PM Narendra Modi will amend the Waqf Act despite opposition from leaders like Uddhav Thackeray and Sharad Pawar.

"Modi ji wants to change the Waqf Board law, but Uddhav ji, Sharad Pawar and Supriya Sule are opposing it," Shah said, addressing a rally at Umarkhed in Maharashtra's Yavatmal district.

"Uddhav ji, listen carefully, you all can protest as much as you want, but Modi ji will amend the Waqf Act," he said. Shah said there are two camps in the November 20 Maharashtra assembly polls, one of 'Pandavas' represented by the BJP-led Mahayuti and the other of 'Kauravas' represented by Maha Vikas Aghadi.

"Uddhav Thackeray claims that his Shiv Sena is the real one. Can the real Shiv Sena go against renaming Aurangabad to Sambhajinagar? Can the real Shiv Sena go against renaming Ahmednagar to Ahilyanagar? The real Shiv Sena stands with the BJP," Shah said.

"Rahul Baba used to say that his government would credit money in the accounts of the people instantly. You were unable to fulfil your promises in Himachal, Karnataka, and Telangana," he said.

Shah said the Mahayuti alliance has promised that women will get Rs 2,100 per month under the Ladki Bahin Yojana. "Kashmir is an integral part of India and no power in the world can snatch it away from us," Shah said.

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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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