'Country Has Right To Know' : Goa Govt Opposes Tarun Tejpal's Plea For In-Camera Hearing Of Rape Case Appeal

Solicitor General Tushar Mehta submitted that he usually wouldn't be opposed to an in-camera prayer, but in this case, the institution has failed to impress upon potential victims of sexual violence that it would have a deterrent effect. He said potential victims may fear coming to court.

"The country has the right to know how this institution (judiciary) has dealt with the girl who came before the court with the complaint, specific allegations and corroborative evidence," he said.

Tejpal, co-founder and former Editor-in-Chief of Tehelka Magazine, was acquitted of all charges on May 21 by a fast track court in Mapusa, Goa. He was accused of forcing himself on his junior colleague inside an elevator of the Grand Hyatt, Bambolim, Goa on November 7 and 8, 2013, during the magazine's official event - the THiNK 13 festival.

In her 527-page judgement, Special Judge Kshama Joshi extensively commented on the woman's non-rape victim like behaviour and faulty investigation to grant Tejpal the benefit of the doubt.

On Tuesday, a division of Justices Sunil Deshmukh and MS Sonak adjourned the State's appeal on admission to August 31, to allow the State to respond to the applications.

During the hearing, Senior Advocate Amit Desai for Tejpal said that all hearings in the matter should be held in camera because of its sensitivity and principle laid down in 327 CrPC, mainly because of what will be read aloud in court. He added that the proceedings even before the trial court were in-camera.

Desai submitted that they have filed a reply on the maintainability of the appeal as it is not in consonance of the requirements of 378 of CrPC and they have information under the RTI to prove it.

In response, SG said that the following were not his submissions but in a lighter vein, "In colloquial terms there are two ways of removing clothes. First, an accused literally removes the victim's clothes and when the accused faces those allegations in the court of law, his clothes are being removed; therefore, the request comes to hold it in-camera."

However, Desai said that until the outcome of the matter, nobody should make any comments on the judge.

On May 27, Justice Gupte directed the trial court to redact all references revealing the victim's identity while uploading the order on its website and permitted the Goa Government to amend its' Leave to Appeal.'

In its amended grounds for appeal u/s 378 of the CrPC the Goa Government has cited the trial court's lack of understanding of a rape victim's post-trauma behavior, using her past sexual history and education as legal bias against her, and making observations driven by "patriarchy" to challenge the judgment acquitting journalist Tarun Tejpal. It has also kept the option of re-trial open.

The appeal also seeks expunging of all such portions of the victim's evidence that are not in conformity with Sections 53A and 146 of the Indian Evidence Act. These sections make it inadmissible and impermissible to ask questions about a victim's past sexual history when issues regarding consent are involved.

On June 2, a vacation bench of Justice SC Gupte issued notice to Tejpal, observing that the judgement appears to provide a "manual" on how rape victims should behave.

He was tried for committing offences punishable under IPC Sections 341 (wrongful restraint), 342 (wrongful confinement), 354 (sexual harassment), 354A(1)(I)(II)(demand for sexual favours), 354B (assault or use of criminal force to woman with intent to disrobe), 376 (2)(f) (person in a position of authority over women, committing rape) and 376(2)(k) (rape by a person in a position of control).