Tarun Tejpal must surrender, seek exemption before appeal is heard: Goa tells SC

Senior advocate Kapil Sibal insisted that the requirement to surrender did not apply since the high court had given him four weeks to surrender

Former Tehelka editor Tarun Tejpal must surrender or secure an exemption from the Supreme Court before his appeal against his conviction and 10-year jail term in the 2013 sexual assault case can be heard, the Goa government told the Supreme Court on Monday.

Solicitor General Tushar Mehta, appearing for the Goa government, made the submission before justice Alok Aradhe, who was considering Tejpal’s appeal in the chamber list, where matters are taken up for preliminary or procedural consideration before being placed before a regular bench.

“The existence of the appeal is dependent on either filing a certificate that he has surrendered or, alternatively, he will have to pray to Your Lordships to allow an exemption from surrendering. These are the two options,” submitted Mehta, stressing the seriousness of the case.

Senior advocate Kapil Sibal, appearing for Tejpal, opposed the state’s submission, arguing that the requirement to surrender did not apply in the present case as the Bombay High Court at Goa had granted him four weeks to surrender while declining to stay his conviction.

“This general rule does not apply because this is a case where stay has been granted by the high court, so there is no question of applying this rule,” contended Sibal.

He argued that Tejpal was still protected by the high court’s order and therefore there was no reason to insist that he surrender before his appeal was heard. “Why must I go to jail when I am protected?” asked Sibal, urging the court to list the appeal for hearing on August 31.

“If this court says no stay, I will have to go to jail. Allow me to argue the appeal and seek interim protection. If this court says we don’t think it is a case for bail, then I am inside,” he added.

Justice Aradhe, after hearing the submissions, said he would pass an appropriate order.

Tejpal approached the Supreme Court on August 20, challenging the August 6 judgment of the Bombay High Court at Goa that overturned his acquittal by the trial court and convicted him on two counts of aggravated rape. The high court sentenced him to 10 years’ imprisonment and imposed a fine of ₹10 lakh in all.

The high court, at Tejpal’s request, granted him four weeks to surrender before the jail authorities, although it rejected his plea to stay his conviction. He is therefore required to surrender in the first week of September.

The Goa government has separately approached the Supreme Court seeking enhancement of the sentence to life imprisonment. The state has not challenged the conviction but has argued that the 10-year sentence is grossly disproportionate to the gravity of the offences.

The government has also challenged the high court’s direction that the sentences for the two aggravated rape offences run concurrently, arguing that the alleged assaults took place on successive days and involved separate criminality.

Tejpal, in his appeal, has denied the allegations and challenged the high court’s findings that led to his conviction. He has argued, among other things, that the prosecution case was inconsistent with CCTV footage and questioned the circumstances in which the allegations emerged.

The case dates back to November 2013, when a junior female colleague accused Tejpal of sexually assaulting her twice in an elevator at a hotel in Goa during the Tehelka THiNK festival. Tejpal was arrested later that month and released on bail in July 2014.

The trial court acquitted him in May 2021 but high court reversed the acquittal on August 6 this year, holding that the trial court’s appreciation of the evidence was “not only unreasonable but perverse” and that the judge relied on preconceived notions while assessing the complainant’s testimony.

Utkarsh Anand is the National Legal Editor at Hindustan Times, where he leads the newspaper's coverage of the Supreme Court, constitutional law, the judiciary and the Union law ministry. He joined Hindustan Times in 2020 after stints at Press Trust of India (PTI), The Indian Express and CNN-News18, and has over two decades of experience reporting on law, governance and public policy. His work has focussed on some of India's most consequential constitutional and legal developments, including the Supreme Court's judgments on Article 370, marriage equality, decriminalisation of homosexuality, the Babri Masjid dispute, electoral reforms and judicial appointments. He specialises in making complex legal proceedings and judgments accessible to readers while examining their wider social and political impact. Beyond daily reportage, Utkarsh has led investigative projects and enterprise reporting that have shaped public debate and prompted institutional responses. His work has received several journalism awards, including the Ramnath Goenka Excellence in Journalism Award. As National Legal Editor, he has also played a key role in expanding Hindustan Times' legal journalism footprint, mentoring reporters and strengthening coverage across platforms. A Chevening South Asia Journalism Programme Fellow, Utkarsh regularly writes analyses on the judiciary and constitutional issues, and his reporting is widely followed by lawyers, judges, policymakers, academics and readers seeking clarity on India's evolving legal landscape.Read More