New Delhi (The Hawk): On Monday, the Supreme Court rejected Tarun Tejpal's request for an in-camera hearing on the Goa government's appeal against his acquittal in a sexual assault case. Tarun Tejpal was the former editor of Tehelka magazine.
Tejpal's attorney was informed by a panel led by Chief Justice D.Y. Chandrachud and including Justice P.S. Narasimha that he was not permitted to request that an appeals hearing be held in secret.
The accused has no right to demand that it take place behind closed doors, according to Chief Justice Chandrachud.
Tejpal's attorney, senior attorney Kapil Sibal, claimed that in this case, privacy rights and his client's image are also at stake. He further stated that Tejpal was exonerated and that the accusations were clearly baseless. The court also stated that the hearing would be conducted online.
The victim's identify will also be made public, said Sibal, who also predicted that the trial would be covered by the media.
In addition to representing Tejpal, senior attorney Amit Desai pushed for the appeal's hearings to take place behind closed doors. However, the judge questioned whether an accused person could request an in-camera trial if the victim did not want it.
The Goa government's Solicitor General, Tushar Mehta, claimed that the judge had exposed the victim's name in the judgement and that it is an encyclopaedia of how the victim ought to act in such circumstances.
The top court instructed Tejpal's attorney to present a case before the relevant court and stated that it was up to the judge in question to decide how the proceedings should proceed.
Following an exchange of arguments, the bench decided not to intervene with the Bombay High Court in Goa, which had denied the man's request for an in-camera hearing of the Goa government's appeal against his acquittal in a sexual assault case. In an appeal, Tejpal contested the high court's ruling.
According to the top court's ruling, the Chief Justice has ordered that the hearing be conducted virtually, according to a notification from the judicial registrar of the Bombay High Court.
The bench ruled, "We leave it to the high court to make the right choice (whether to hear the dispute virtually or in person)... Tejpal's acquittal is being contested by the Goa government at the high court.
The trial court cleared Tejpal of all accusations brought against him in May of last year, including unlawful imprisonment, assault with the aim to offend modesty, sexual harassment, and rape of his female coworker.
The Goa government appealed the trial court's decision to clear him. Tejpal filed a request with the high court asking for an in-camera hearing on the case.
(Inputs from Agencies)