Team Herald
PANJIM: The State government is likely to approach the Supreme Court seeking an extension to complete the ongoing trial against senior journalist Tarun Tejpal in a rape case.
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The survivor and prime witnesses have expressed their inability to remain present for cross-examination owing to the COVID-19 pandemic, while the apex court’s December 2020 deadline to conclude the hearing inches closer.
The high court bench of Justice Dama Seshadri Naidu is hearing pleas of the victim and others seeking exemption to remain present in person at the trial court, due to the pandemic. The fast track court at Mapusa has directed securing presence of the victim and principal witness.
“We cannot blame the trial court for the procedure it has adopted and the directions it issued to secure the presence of the petitioner—the victim and principal witness. Nevertheless, the petitioner (victim) too, as the learned Special Public Prosecutor points out, has also been facing problems to come down to Goa from Delhi during the pandemic, as set out in detail in the petition. She has also pleaded that she has been suffering from a respiratory infection and is very prone to any health hazards if she undertakes the journey under these circumstances,” the bench said.
“Under these circumstances, I pointed out that unless the petitioner approaches the Apex Court and seeks extension of time fixed earlier, there is nothing much either this court or the trial court could do. On this count, (Advocate Saresh) Lotlikar assures the Court that the State has been making all efforts to approach the Apex Court and get the time frame relaxed or re-fixed—at the earliest,” it further said.
The bench also stated that under these circumstances, the trial court will defer any coercive steps vis-à-vis the petitioner for two weeks. In the meanwhile, the trial court is free to explore the option of examining other witnesses in cross if both parties agree.
While adjourning the matter by two weeks, the bench ordered the State to expedite its efforts to approach the Apex Court.
The trial in the 2013-case began in September 2017 but it was stalled after Tejpal approached the High Court and later the Supreme Court challenging the framing of charges and seeking discharge in the case. The apex court however, in a judgment in August last year, declined his plea and ordered that the trial be completed in six months. The in-camera trial, resumed in September 2019 but has been plagued by delays owing to several reasons.
