In a major setback to former Tehelka editor-in-chief Tarun Tejpal, the Bombay High Court in Goa on Tuesday refused to stay the proceedings related to framing of charges, including rape, against the journalist.
Justice Prithviraj Chauhan, however, directed that the trial proceedings at the North Goa additional District Sessions Court shall not begin, until a go-ahead from the High Court Bench in Panaji.
Two days before, the lower court was scheduled to finalised and frame charges against Tejpal in the 2013 rape case, Tejpal on Tuesday appealed before the HC, to stay the proceedings.
In his appeal to the court on Tuesday, Tejpal’s counsel Aman lekhi argued that the handing over of evidence to the accused had taken over three years and perusal of the evidence had revealed that the accusation of rape at a starred resort in Goa, leveled by a former colleague, was false.
The prosecution lawyer Saresh lotlikar, however, rejected the claims made by lekhi, insisting that only a trial could prove the merits of the case.
After the arguments were presented, the judge, did not agree with the defence counsel’s plea for a stay on the framing of charges process by the lower court, but also directed that the examination of witnesses, the first stage of a trial, could only be conducted after a nod from the High Court.
On September 7, the North Goa Additional District and Sessions Judge Vijaya Pol had ordered framing of charges against Tejpal, under sections 354 (criminal force with intent to disrobe) to the already existing roster of sections which are sections 341 (wrongful restraint) 342 (wrongful confinement) and 376 (rape) of the Indian Penal Code.
In 2013, when he was editor-in-chief of Tehelka magazine, Tejpal was accused of rape by a female colleague, who in her complaint to the police alleged, that she was sexually assaulted by the journalist in the elevator of a five-star resort in Goa, where the magazine was hosting an international conclave organised by Tehelka.
Following the registration of FIR, Tejpal was arrested and remained in police and judicial custody for nearly a year, before being released on bail. Tejpal resigned as the magazine’s head after the scandal.
Now, since the High Court has refused a stay on framing of charges, Tejpal will be formally charged by the lower court on September 28. The High Court will be hearing the appeal petition filed by Tejpal’s counsel on Tuesday, on November 1.