NEW DELHI: Supreme Court Monday said it would pass order on former Tehelka editor Tarun Tejpal’s plea seeking exemption from surrender after Bombay High Court convicted and sentenced him to 10 years of imprisonment in a 2013 rape case, with Goa govt opposing his plea and contending that his appeal was not admissible since the convict had not filed a separate application seeking exemption from surrender or shown a certificate that he has already surrendered as per Order XXII Rule 5 of the Supreme Court Rules, 2013.The matter was heard by a single judge, Justice Alok Aradhe. Solicitor general Tushar Mehta, appearing for the state govt, contended that existence of the appeal was dependent on Tejpal either filing a certificate that he has surrendered or, alternatively, requesting the court to allow an exemption from surrender.
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Senior advocate Kapil Sibal, representing Tejpal, said there was no need to surrender yet since the high court itself had granted him time to surrender. “This rule doesn’t apply because this is a case where stay has been granted by the high court, so there is no question of applying this rule. Suppose the court says no stay, I will have to go to jail,” Sibal said, requesting the court to list the appeal for Aug 31.After hearing both sides, Justice Aradhe said he would pass an appropriate order in the matter.The Goa bench of Bombay high court convicted Tejpal under multiple provisions of the IPC and sentenced him to 10 years rigorous imprisonment each under sections 376(2)(f) and 376(2)(k), with the sentences to run concurrently. It also imposed additional concurrent sentences for offences relating to outraging a woman’s modesty, sexual harassment, disrobing, wrongful restraint and wrongful confinement. The fines imposed on Tejpal total Rs 10.1 lakh, which the court directed to be paid to the victim. tnn