Bombay HC reserves order in Goa govt's application against Tarun Tejpal's acquittal

Tarun Tejpal. File Pic

The Goa bench of Bombay High Court reserved its order in an application filed by the state government seeking leave to appeal against the judgment acquitting former Tehelka editor-in-chief Tarun Tejpal. Tejpal was accused of sexually assaulting a then colleague in a lift of a five-star hotel in 2013.

The division bench of Justices MS Sonak and RN Laddha reserved its order after hearing arguments from both sides. The Goa government had filed an application seeking leave to appeal against the judgment of the Session's Court in May 2021 acquitting Tejpal. On Tuesday, Advocate Amit Desai, arguing on behalf of Tejpal, said just because the investigating officer or the state government does not like the judgment of acquittal does not mean it is miscarriage of justice.

He argued that provisions in CrPC (Code of Criminal Procedure) have an elaborate process to ensure an independent and objective view in order to decide whether the accused should be put through further ignominy. Desai said the investigating officer and the public prosecutor should have to be divorced from each other in order to take away the inherent bias and to ensure the state government or IO do not go after the accused because of extraneous factors.

"To say that it is such a horrible judgment, and I want to file an appeal even without waiting for the full judgment is casting aspersion on the fairness of the judiciary," Desai said.

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