Tejpal gets interim bail till afternoon

November 29, 2013

Tejpal_gets_bail
Panaji, Nov 29: Tarun Tejpal, accused of sexual assault on a woman colleague, today got interim bail till 2.30 PM from the Sessions Court here which will pronounce its final order later in the afternoon.

Sessions Judge Anuja Prabhudesai gave Tejpal interim protection from arrest on a bail application moved by his lawyers.

Tejpal's lawyers moved the court for bail after a joint team of Goa and Delhi police went to his residence in South Delhi's Jungpura to arrest him this morning but did not find him there. Later they carried out searches at various other places, including that of his relatives.

Tejpal's lawyer Geeta Lutha told reporters later that he has been given interim bail till 2.30 PM.

Tejpal, the founder editor of Tehelka magazine, has been accused of sexually assaulting his colleague during an event organised by the magazine in a five star hotel here earlier this month.

"We moved for anticipatory bail since it is the right of all citizens to have liberty. Even the Supreme Court has said that liberty of a person should not be interfered with," Luthra said.

She said Tejpal has already sent a letter to Goa police saying he will cooperate with them. "It is not that we are going away. We will cooperate."

When asked where Tejpal is, she said Tejpal has to be available to the court and police and would come at an appropriate time.

The lawyer said the police have only issued summons and he has to be given reasonable time to present himself before the Investigating officer.

A person who does not live in the city needs time to present himself before the authority, she said and claimed that Tejpal has maintained respect for the law. He has tried to do everything by the law.

"We are saying that the person has to be heard. He will speak to the police and will cooperate with them," she said.

Tejpal's wife Geetan Batra refused to divulge to the police any detail of his whereabouts, police said after they raided his residence.

The police action came after they rejected Tejpal's request for time till Saturday to appear before them.

On Wednesday, Goa police had directed Tejpal to appear before it by 3 PM yesterday. The direction had come after the victim, who has alleged that she was sexually assaulted by him in a lift in a five-star hotel in Goa, recorded her statement under Section 164 of CrPC before a magistrate in Panaji.

The controversy also saw resignation of Shoma Chaudhury as Managing Editor of Tehelka, who is being accused of attempting to cover up the matter.

Chaudhury sent her resignation yesterday as there was speculation that she may also be named in the FIR for certain alleged acts of omission and commission after the scandal became public.

Earlier:
Goa police raids Tejpal's home, finds him missing

Goa_police_raids
New Delhi, Nov 29: A Goa police team today raided Tehelka Editor Tarun Tejpal's house here in a bid to arrest him but returned empty handed after finding that he was not there.

Armed with a non-bailable warrant, the team reached the residence of Tejpal, who has been accused of sexually assaulting a woman colleague, in Jungpura area of South Delhi a little after 6 AM and spent over 90 minutes.

One of the officials later said they did not find Tejpal in the house. Crime Branch personnel from Delhi police also accompanied the Goa Police team.

Tejpal's wife Geetan Batra refused to divulge to the police any detail of his whereabouts, police said.

Police left his house and may look at other possible locations where he could be found. The police action came after they rejected Tejpal's request for time till Saturday to to appear before them for the investigation into his involvement in the case of sexual assault that had allegedly taken place at a hotel in Goa earlier this month.

After the rejection of his request, Tejpal's lawyer said he would appear before the police today in Panaji and extend "complete and full cooperation" in the investigation.

Goa police, however, yesterday moved a court and secured a non-bailable warrant against 50-year-old Tejpal.

On Wednesday, Goa police had directed Tejpal to appear before it by 3 PM yesterday. The direction had come after the victim, who has alleged that she was sexually assaulted by him in a lift in a five-star hotel in Goa, recorded her statement under Section 164 of CrPC before a magistrate in Panaji.

The controversy also saw resignation of Shoma Chaudhury as Managing Editor of Tehelka, who is being accused of attempting to cover up the matter.

Chaudhury sent her resignation yesterday as there was speculation that she may also be named in the FIR for certain alleged acts of commission and omission after the scandal became public.

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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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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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