Team Herald
PANJIM: The High Court of Bombay at Goa on Wednesday rejected an application filed by founder of Tehelka magazine Tarun Tejpal seeking in-camera hearing of the appeal filed by Goa government challenging his acquittal in a sexual assault case.
Tejpal had sought in-camera hearing citing Section 327 of the Code of Criminal Procedure and the recent order of Justice Gautam Patel of Bombay High Court giving directions for in-camera hearing in cases under Prevention of Sexual Harassment at Workplace Act.
Senior Advocate Amit Desai appearing for Tejpal submitted that every proceeding in the present case, including pre-trial applications and hearings before High Court against lower court orders, were heard in-camera. In view of this, the case should continue to be heard in-camera even at appeal stage, he contended.
“It would be unfair if lawyers have to curtail their submissions in view of the fact that some publication will publish something if due care is not taken. Section 327 of the Code of Criminal Procedure is no more just a statutory obligation, but has become a fundamental right,” he said.
Desai pleaded that the application was filed for the protection of reputation of the accused as well as the victim, so, he added there was no prejudice that could possibly be caused if the application is allowed.
Solicitor General Tushar Mehta appearing for the Goa government, however opposed the application while pointing out that trial could be held in-camera but once the verdict of the trial was out, the judgment, the evidence all became part of public domain.
A Division Bench of Justices Revati Mohite Dere and M S Jawalkar heard the application for over an hour before rejecting the plea. “For reasons to be pronounced separately, the application is hereby rejected”, the Bench said.
When the Court asked the counsel when they want to proceed with the submissions seeking leave to appeal, Desai informed the Court that they will challenge the present order. The Court has listed the appeal for directions on December 6, 2021.
