Tejpal arrested after anticipatory bail plea rejected

November 30, 2013

Panaji, Nov 30: Tehelka editor-in-chief Tarun Tejpal is escorted on his arrival in Panaji, Goa on Friday. Tejpal is accused of sexually assaulting a woman journalist.

Tehelka editor-in-chief Tarun Tejpal, accused of sexually assaulting a junior colleague, was arrested here Saturday after a court rejected his anticipatory bail application.

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Tejpal, who was at the Crime Branch office since 4.30 p.m., was taken into custody soon after the verdict was announced.

The much-delayed order on Tejpal's bail plead was pronounced just a shade past 8 p.m. by North Goa District and Sessions judge Anuja Prabhudessai.

The order, which allows Tejpal to avail of home food, bedding and clothing during his time in police custody, came nearly three and a half hours after 4.30 p.m., the time by which Prabhudessai was initially scheduled to make the announcement.

Sources said that the delay was caused because of the time taken by the judge to dictate the order to her steno.

Accused by police of dodging them over the last few days, Tejpal's presence in the Crime Branch office was seen an attempt to avoid being paraded in public from the courtroom to custody, located more than five kms away.

His wife Geetan, sister Neena, daughters Tiya and Cara and friends were seen waiting outside the Crime Branch office until late in the night.

As Tejpal and his family left the court premises on his way to a city hotel after noon, a yet unidentified person shouting slogans against the editor, charged towards him with a black cloth, but was overpowered and whisked away by police.

Earlier in the day, lawyers from the defence as well as the prosecution matched their wits against each other over the issue of anticipatory bail to Tejpal. He had been granted anticipatory bail Friday, a couple of hours before he surfaced at New Delhi's IGI airport and boarded a flight for Goa.

While the defence was granted four hours to make their case, the prosecution bench took only 45 minutes to make their case and eventually win the first battle.

The defence extended its argument made on Friday that Tejpal was fully co-operating with the investigators and that custodial interrogation was not necessary.

Lead defence lawyer Geeta Luthra offered several concessions to the prosecution like Tejpal's willingness to stay in Goa until police requires, surrendering of his passport and fixed deposits among others.

"I have offered that I will stay in Goa until a chargesheet is filed. I can be in Bangalore. I can be wherever this court directs," Luthra also said on Tejpal's behalf.

She also assured that for the duration of the investigation, Tejpal would not visit Mumbai, where the victim resides.

She said that Tejpal does not have any criminal record and therefore should be considered or anticipatory bail.

Specially appointed public prosecutor Saresh Lotlikar, however argued that Tejpal was changing colours like a chameleon and that police custody is required to complete the Tejpal end of the probe and get the real story out of him.

"Custodial interrogation is a must," Lotlikar said.

"Your contention that your (Tejpal's) immaculate reputation 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," the prosecution argued.

Lotlikar also submitted the victim's statement to the judge and said that CCTV footage secured by police from the hotel had "enough hints" to confirm the victim's allegations of rape.

The prosecution also refuted claims made by the defence that the complainant had "vested interests" and therefore delayed informing her superiors about the two alleged sexual assaults by Tejpal in a Goa resort earlier this month.

"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," Lotlikar argued, saying that the victim had confessed about the assault in the elevator to two-three colleagues.

Lotlikar also said that Tejpal's associates had even tried to intimidate the victim's kin in Delhi and that a case had already been filed in that regard.

"That the accused is trying to interfere with investigation is proved in the case," Lotlikar said, making a strong case for Tejpal's custodial interrogation.

Lotlikar also accused Tejpal of insulting the victim by questioning her integrity adding that she had been "violated by a person who was like a father figure".

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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 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 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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