TEAM HERALD

 

PANJIM: After several attempts to circumvent the police and evade arrest, Tehelka’s founder editor Tarun Tejpal was finally arrested late Saturday evening, after the District and Sessions Court judge rejected his anticipatory bail plea.

Tejpal was arrested at 9 pm at the Crime branch office at Dona Paula. He was taken for Medical examination past mid-night and is likely to be lodged at the Panjim or Agassaim lockup.

The judgement passed by Principal Sessions Judge Anuja Prabhudesai, rejecting the relief and dismissing his petition was pronounced at about 8:15 pm in a courtroom packed with journalists, lawyers, Crime Branch officers and some of Tejpal’s family members.

Tejpal, who attended the morning hearing but skipped the latter half of the day, choose to sit at Crime Branch office at Dona Paula. He had in fact reached the Crime Branch at around 4:30 pm, much before the order was passed.

Following a request made by his lead attorney Geeta Luthra, the Judge allowed Tejpal to meet his lawyers daily. He was also allowed clothes from home and food.

“He had already gone and joined the investigation. He is cooperating with the police,” Luthra told the waiting journalists outside the court soon after the judgement.

“We had requested for home food. The Court said he will have to share the food with inmates in the lock-up…we will make provision for two people…”

She refused to divulge whether they will approach the Bombay High Court at Goa. “We are not appealing right now. Monday morning, you will know,” she said responding to a media question.

Meanwhile, earlier in the morning, the Judge had reserved the order till 4:30 pm after a lengthy hearing from the prosecution and defense lawyers. When the matter came up before the Judge at 10 am, Luthra argued saying Tejpal is willing to cooperate with the police investigation.

In her 45-minute long argument which was largely based on several Supreme Court judgements in favour of granting anticipatory bails, she pleaded to the Court that her client’s arrest would result in disgrace and humiliation.

“I request there should be no pre-trial…He (Tejpal) has joined the investigation and therefore custodial interrogation should be avoided. The arrest leads to disgrace, humiliation and harassment…If he is wrong and convicted, he will face consequences…” she appealed.

Luthra repeatedly tried convincing the Court that Tejpal was ready to remain present during investigation, surrendering his cell phone and passport to the police and also not exiting the State till further orders.

“I can deposit my phone, passport and make myself available for investigation. I have offered my willingness to stay in Goa till one month or till a charge sheet is filed, whichever is earlier,” she said on behalf of Tejpal, who arrived at the Court hall at about 10:30 am, accompanied by his wife, daughter and brothers.

“I have a house in Goa. Whether or not I have a house here, I am ready to stay here,” she said as her argument concluded at 11:15 am.

Special Public Prosecutor in the case Saresh Lotlikar contested allegations that police investigation was biased while also emphasizing that the woman journalist’s statement has been consistent unlike in Tejpal’s. The PP even equated Tejpal to a chameleon for disputed statements.

“Her (victim) first statement (email complaint to Tehelka’s former managing editor Shoma Chaudhary) and last version (before the JMFC Panjim Magistrate Sarika Faldesai) is consistent. There is no embellishment of any sort,” he argued continuing, “As against this, the accused is changing colours like a chameleon. He tenders apology (email response to Tehelka office) unless perhaps he realized there was no CCTV in the elevator (of the hotel where the alleged sexual assault took place),” Lotlikar argued.

Seeking his custodial interrogation, Lotlikar said such an offence attracts 14 days police custody under the criminal procedure code. To buttress his argument, he cited a police complaint made by the victim in a Delhi police station alleging that Tejpal’s family tried to influence her family. 

“Custodial interrogation is qualitatively different from other interrogation stages. He has been changing his stand…your (Tejpal) version should be ascertained through custodial interrogation so that he can be properly interrogated otherwise there is a battery of lawyers to “guide” him…Police have to unearth the truth,” he said apprehending that witness or evidence may be tampered with.

The senior counsel, ruled out biased investigation pointed out to the fact that Tejpal was never available for investigation and therefore summons were indirectly served on him because he was reportedly not present at his Delhi home.

Lotlikar also accused Tejpal of insulting the victim by questioning her integrity, adding that she had been violated by a person who was a father figure. “He has betrayed her trust. He is adding salt to the wounds by questioning her conduct...,” he commented.

Much before, at about 9 am, Tejpal voluntarily visited the Crime Branch at Dona Paula where he spent nearly 15 minutes. There was however no investigating officer or the team. Emerging out of the Crime Branch, Tejpal for the first time spoke to media claiming he is cooperating with the police and will continue to do so. On Friday night, he had shunned the media glare.

 

IN THE COURTROOM

 

I request there should be no pre-trial…Tejpal has joined the investigation and therefore custodial interrogation should be avoided. The arrest leads to disgrace, humiliation and harassment…If he is wrong and convicted, he will face consequences… 

Tejpal’s advocate Geeta Luthra

The victim’s first statement (email complaint to Tehelka’s former managing editor Shoma Chaudhary) and last version (before the JMFC Panjim Magistrate Sarika Faldesai) is consistent. There is no embellishment of any sort. The accused is changing colours like a chameleon.

Special Public Prosecutor Saresh Lotlikar