TEAM HERALD
NEW DELHI: For the second day running, Tehelka magazine’s founder editor-in-chief Tarun Tejpal Tuesday failed to get any relief from Delhi High Court in terms of hearing his anticipatory bail plea as Justice Sunita Gupta put off the hearing to Wednesday to examine the FIR (first information report) while refusing to restrain the Goa Police from arresting him.
The judge faulted his petition for not annexing the FIR by the Goa Police and directed the Goa Police counsel who appeared suo moto to file its reply within 24 hours and also produce the FIR accusing Tejpal of alleged sexual assault on his junior colleague on November 7 and 8, in a 7-star hotel in Goa during a Think Fest.
“I don’t have even the copy of the FIR with the petition. Let them file the reply then I will see,” the judge said when Senior Advocates K T S Tulsi and Geeta Luthra, appearing for Tejpal, seeking protection to him against any possible arrest till Wednesday when this court will recommence hearing on the anticipatory bail application. She turned down Tulsi’s plea to at least pass a verbal order to the Goa Police, not to arrest Tejpal.
The Goa Police counsel complained that he had not been even supplied the copy of the petition while pointing out that his appearance was to oppose the matter “due to the seriousness of the allegations against the accused.” Tejpal could not be granted protection against his arrest keeping in view the gravity of the charges against him, he submitted. He was backed by the Delhi Police counsel who opposed the grant of transit bail to Tejpal.
Pointing out that Tejpal was being hounded by Goa Police under pressure of the Chief Minister whose party (BJP) leaders have been exposed by him over the years, Tulsi submitted: “This has become a political battle. I am entitled to interim protection as has been the practice in this court….At best, the case is of section 354 (outraging the modesty of a woman) of the IPC and it is the figment of imagination that it has become a case of section 376 (rape) of the IPC. Even the girl has not made any statement to the police.”
In the bail application, Tejpal has not only denied any kind of sexual harassment but alleged that he was being made a victim of political vendetta by BJP chief minister Manohar Parrikar and produced a statement made by him.
Excerpts of the anticipatory bail application
– The Applicant and his wife Geetan travelled from Delhi to Goa via Jaipur to attend an annual event by the name of THINK 2013 hosted by Tehelka magazine, of which the Applicant was then the Editor.
– That on 07/11/2013, while the said event was still on, the Applicant had a meeting with one of his female colleagues. It is pertinent to note here that the said encounter was only light-hearted bantering which lead to a moment of privacy between the two individuals. The nature of the said meeting can well be established by bare perusal of the CCTV footage of Hotel Hyatt, Goa, which is within the knowledge and reach of Goa Police but the same has been blatantly ignored by the Investigating Agency for which the Applicant is asking for a copy. That on 08/11/2013 a further meeting took place between the two individuals but the same lasted for few seconds and no intimate moment was shared between the two individuals.
– That subsequent to the aforementioned meeting, the Applicant did not have any further interaction with the above mentioned female colleague. The alleged colleague referred above, continued to party and was completely normal and friendly all throughout her stay in Goa. She went to the Remo Fernandez function which began around 7:30/8:00 pm and which lasted into the late evening.
– The Applicant was shocked to learn that a false complaint was sought to be projected as an incident of alleged harassment. The Applicant categorically refuted the same.
– The alleged complaint is clearly motivated, false and an afterthought with oblique motive. The language of the complaint itself shows that it is false with inherent contradictions.
– Applicant was shocked. The Applicant categorically and immediately refuted each and every allegation. Applicant denied the said allegation. The Managing Editor refused to even listen to the Applicant’s version and overrode him and the Managing Editor told the applicant that she was making the decision in Tehelka’s interest.
– That the Applicant was told the committee was being set up in terms of “Vishaka guidelines” as has been laid down by the Supreme Court of India, by the managing editor and accordingly advised to step down for 6 months so that an unbiased enquiry is conducted. Accordingly the applicant stepped down for 6 months. The Applicant was further told that in terms of the “Vishaka Guidelines” to have an impartial inquiry the guidelines and law mandate the transfer of the purported delinquent, the Applicant immediately.
– Further to the shock of the Applicant, the alleged writing was published by the media to victimize the Applicant and as part of the pre-planned conspiracy to falsely implicate the Applicant. The same was being blown out of proportion by various groups with vested interests, including topmost executives of Goa and even national political leaders of one party.
– That on 22.11.2013, the Applicant, through media reports learnt of the registration of an FIR against him by Goa Police under Sections 354A, 376, 376(2)(k) of the Indian Penal Code, 1860[hereinafter referred to as ‘the IPC’], which clearly is founded solely on the basis of media reports of alleged harassment by the Applicant.
It is pertinent that no complaint has been made to Respondent No 2 either by the lady who is the alleged victim or any person of her family. … It is unprecedented that the state should make a complaint or register an FIR without the knowledge, statement or consent of any aggrieved complainant without any person with a grievance or with locus for a preliminary inquiry in an alleged occurrence of this nature. This is particularly significant as reference to the alleged occurrence by the lady is after more than 10 days of the alleged incident which took place on 7th-8th of November 2013 and is belated and on after thought more than 2000 invitees and guests attended the festival and its social event.
That the Applicant has well found reasons to believe that the officers of Respondent No 2 in their endeavour to appease their political masters is turning a blind eye to crucial pieces of evidence establishing the innocence of the present Applicant in abrogation of its primary duty, i.e. to conduct a fair investigation and reveal the truth. Moreover, the mannerism and the scale in which a particular political party has unleashed the wrath of its vengeance upon the Applicant in garb of the present FIR is synonymous to the previous attempts of the BJP to malign and target the Applicant and the same is apparent by the statements issued by various party leaders. The wrath of leaders of BJP against the Present Applicant, whom the Goa Police cannot antagonize, is best manifested from the statements made by them demanding that the Applicant should “atone in jail.” Some have even alluded to Tehelka’s first sting operation which resulted in the resignation of the then BJP President, Bangaru Laxman, suggesting it was now payback time.
That in light of the aforementioned facts and circumstances the Applicant has no trust in the Goa police and believes that Respondent no. 2 because of the political interference and the mala fides of the state government is turning blind eye to the crucial pieces of evidence establishing the innocence of the present Applicant.
