Delhi High Court reserves verdict on bail, did not even stop to arrest: Next hearing on Nov 29

 

Delhi High Court reserves verdict on bail, did not even stop to arrest: Next hearing on Nov 29

 

Tarun Tejpal, editor of Tehelka trapped in sexual abuse cases of female journalist has got tough blow from the Delhi High Court. Delhi High Court has reserved its order on the anticipatory bail plea of Tejpal. Delhi High Court has also refused to stay the arrest of him. The next hearing will be on bail on Nov 29. The sword still hangs on Tejpal over the arrest.

 

Tarun Tejpal to avoid arrest his family offered victim’s family that they should settle the matter out of court. But the Goa police has issued summons to Tejpal to appear before the Goa police on Thursday. If Tejpal did not appear before police for questioning until Thursday next legal step would take the police against him.

 

 

The woman journalist who has accused Tehelka founder and editor-in-chief Tarun Tejpal of sexual assault has recorded her statement before a magistrate. Sources in the Goa Police said that the woman, who was escorted by the police to the magistrate, has stood by her statement made on Tuesday.

Her statement was recorded under section 164 before the Judicial Magistrate. Police will get a sealed copy of her statement.

 

Goa Police has also requested the media to move out of the court area and not to shoot any visuals of the complainant.

Mishra said, “This is a very sensitive case and I request media to look at this case accordingly.”

 

Tejpal has also raised concern on the authenticity of the CCTV footage saying that he fears that footage which proves his innocence could be destroyed. Tejpal’s counsel has also claimed that he was innocent and not even a case of outraging modesty can be made against him. Goa Police said that team had gone to Bombay to record the statement, 164 statements are being recorded in Goa.

 

 

However, the Goa Police have opposed his application saying that the Delhi High Court has no jursidiction to hear the application as the incident took place in Goa. The police also accused the journalist of going underground after being accused of a serious crime.

Now in the case against Tejpal, the politics has intensified. Responding to attacks by BJP leader Sushma Swaraj, Union Minister Kapil Sibal today hit out at the opposition. Sibal said, “Since I am speaking against Modi’s why I’m being targeted.” “It is a lie being spread against me that my sister is the  mother of Tejpal. I want to tell that my only sister who lives in Delhi’s Maharani Bagh. ” Kapil Sibal told a press conference on Thursday will be a day where they will answer all questions.

 

Leader of Opposition in Lok Sabha Sushma Swaraj before the UPA government on the issue of Tarun Tejpal has been targeted. Sushma wrote on Twitter:

 

Sushma Swaraj         ? @SushmaSwarajbjp

Union Cabinet Minister who is the founder and patron of Tehlaka is shielding Tarun Tejpal.

10:30 AM – 27 Nov 2013

 

On the other hand, female journalist accuses to Tehelka’s former editor – in-chief Tarun Tejpal of sexual harassment in Goa has made her statement before the magistrate. A statement filed before a magistrate is crucial in rape cases. Legal experts suggest that it is nearly the final statement and even if the victim reverses own statement in the court then also the importance of the original statement is similar.

Read Emails: Neither absence of CCTV nor Victim even by withdrawing the complaint can block the arrest of accused Tejpal

 

Goa police is ready to move into the hotel with the victim female journalist, where she was allegedly sexually assaulted by Tejpal. Tejpal on indictment the case, may be sent to the prison up to seven years years.

 

 

Sunita Gupta Justice of the High Court bench is hearing the case. Tejpal said in his petition that the FIR was politically motivated. Chief Minister of Goa is taking more than usual interest in this case. “On behalf of accuse rapist Tejpal senior counsel KTS Tulsi and Geeta Luthra are advocating. They told the court that at least un till anticipatory bail plea arrest be banned. But Justice Gupta said, “I do not even I have not a copy of the FIR. The first of them (Goa Police) have to answer it. I will see after that.”

 

In a separate development, deputy inspector-general (DIG) of police, Goa, OP Mishra, who is closely monitoring the investigation, said a nationwide alert has been sounded to prevent Tejpal’s escape. It is learnt that already the police at all airports in the country are familiar with Tejpal’s face because of wide coverage of the case by the media. Nevertheless, his photograph may be circulated as a matter of abundant precaution.

 

Meanwhile, news reports have said that Tehelka’s managing editor Shoma Chaudhury could also be named in the FIR for allegedly concealing evidence, Times Now reported.

 

Not just Think fest, Tejpal to soon set up exclusive club Prufrock  The Think festival, organized every year by Tarun Tejpal’s company Thinkworks and the setting for the sexual assault allegations Tejpal now faces, was not the only intellectual talk-shop the former editor of Tehelka championed. Before being murdered last year, liquor baron Ponty Chadha agreed to invest a large sum of money in Tejpal’s latest venture – Prufrock, an exclusive “private club” for “select urban Indians”.

 

A few months back, several prospective members of the club received invitations by email from Tejpal, promising celebrity chef-cooked meals, fine drinks, eminent personalities from across the world and a select group of “scrupulously monitored” members.

 

The noose tightened around Tarun Tejpal, Tehelka founder, on Tuesday with the victim completely corroborating the first information report (FIR) filed by the Goa police against him.

 

Noted lawyer Shyam Keswani, who is assisting the young victim, told dna that the offence had all the ingredients of rape as defined in the Criminal Law Amendment Act of 2013. Asked if the victim will file a separate FIR, Keswani replied: “That may not be necessary. The legal process has already been initiated with the registration of the FIR by the Goa police. In any case, she has confirmed in writing the details of the FIR filed by the police.”

 

It is learnt that the victim has expressed her willingness to cooperate totally with the investigation. A source to the investigating team said: “The details given by the victim are shocking. Tejpal deserves the most stringent punishment.”

 

A senior police official said: “Tejpal will be arrested any moment now. The victim is deeply hurt that after apologising for his gross behaviour towards her, he is now seeking to character assassinate her. She is now more determined than ever to get Tejpal, a person who was like a father-figure to her, punished.”

 

The Delhi police vehemently opposed the grant of transit bail. Mishra, however, denied that the investigation was politically motivated. “We are professionals,” he asserted.

 

Tejpal in his application for anticipatory bail said his woman colleague “continued to party and was completely normal and friendly all throughout her stay in Goa. She was at every party and social event through the conference (in Goa) and stayed out late in the night”. Terming the complaint “motivated, false and an afterthought”, the petition said it was filed after a delay of 10 days.

 

But member of the National Women’s Commission (NCW) and noted lawyer Nirmala Samant-Prabhavalkar said Tejpal, after admitting to his misconduct, “was now trying to dilute the offence”.

She said “now that the Goa police’s FIR has been confirmed by the victim’s statement, the police should lose no time in arresting Tejpal. Now there is absolutely no justification for delay”

 

This is the question being asked by activists. Noted lawyer Vibhav Krishna told dna that in the absence of any order on the anticipatory bail application, technically the police can arrest Tejpal.

 

“But as an accepted practice and norm, no arrest is made when a court is seized of the matter unless it can be shown that the suspect is likely to abscond, tamper with evidence, or is likely to interfere with the trial at a later stage.”

 

Police complaint against Tejpal’s family member: The victim’s mother on Tuesday filed a complaint with the Delhi police against an immediate family member of Tarun Tejpal, alleging “intimidation”.

 

Tehelka shutdown?

It is not clear whether the magazine will come out with the next issue. Replying to a dna query, Shoma Chaudhury, Tehelka’s managing editor, said: “It is not yet clear whether we will come out with further issues”

 

One more journalist quits

Senior editor Rana Ayyub resigned from her post in protest against the way the organisation handled the sexual assault case against founder and editor-in-chief Tarun Tejpal. Ayyub is the sixth person to resign from Tehelka over the issue. The victim resigned on Monday. And last week, Shougat Dasgupta, Ayesha Siddiqa, Jay Mazoomdaar and Revati Laul  resigned from  the organisation—Priyanka Sahay

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