Bombay High Court Rejects Tarun Tejpal's Plea For In-Camera Hearing Of Rape Case Appeal

The Bombay High Court at Goa on Wednesday rejected an application moved by journalist Tarun Tejpal under Section 327 CrPC for conducting hearings through in-camera proceedings against his acquittal in a 2013 rape case. 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 had extensively commented on the woman's non-rape victim like behaviour and faulty investigation to grant Tejpal the benefit of the doubt.Pursuant to the rival submissions, the Bench rejected the application for in-camera proceedings and accordingly orally observed, "For reasons to be pronounced separately, the application is hereby rejected."Thereafter, Senior Advocate Amit Desai appearing for Tejpal informed the Court that they will be challenging the instant order rejecting the prayer for in-camera hearing. Accordingly, the Bench listed the matter for further hearing on December 6, 2021. The High Court through the impugned order held that Section 327(2) of the Criminal Procedure Code would only be applicable to an "inquiry" or "trial" and the same will not apply to appeals, either appeal against conviction or an application seeking leave to file appeal against acquittal.Section 327 (2) of the CrPC provides that the inquiry into and trial of rape or an offence under section 376, section 376A, section 376B, section 376C or section 376D of the Indian Penal Code shall be conducted in camera, Provided that the presiding judge may, if he thinks fit, or on an application made by either of the parties, allow any particular person to have access to, or be or remain in, the room or building used by the court. The High Court did not agree with the petitioner's contention that Article 21 would have to be read in Section 327(2) of the Code, inasmuch as, the applicant's right to privacy and reputation is infringed, if "in camera" hearing is not afforded to the applicant in the present proceedings. According to the High Court, the apprehension of Senior Advocate Amit Desai that the applicant's right to defend himself is taken away, if he is not permitted to freely argue his case, for fear of publication, is also not justified.The Bench had observed that there is no embargo or restriction on the applicant to argue his case freely nor his right to argue his case can be curtailed. "In proceedings such as these i.e. rape cases in general, it is expected that all parties conduct themselves with dignity, sobriety and some sensitivity that is required, particularly, whilst reading evidence pertaining to intimate details. This, we think is not too much to expect from the Advocates appearing for the respective parties. Maintaining decorum in the courtroom is not merely a superficial means of protecting the image of lawyers and judges – but it is absolutely essential to the administration of justice." the High Court had said.At the outset, Desai raised a preliminary issue for conducting in-camera proceedings before a Division Bench comprising Justices Revati Dere and MS Jawalkar. He stated that Section 327 CrPC is a mandatory provision and seeks to protect the reputation and the interests of both the parties concerned i.e. the accused as well as the victim. He also argued that Section 327CrPC is in consonance with the fundamental right to a fair trial as envisaged under Article 21 of the Constitution. On the other hand, Solicitor General Tushar Mehta vehemently opposed such a submissions and remarked that 'these are interruptions and not contentions'. He further stated that the benefit of 'in-camera proceedings' is only available at the stage of trial and not at the appellate stage. He also made it clear that his intention is not to 'name and shame' the accused. Submissions of Amit Desai for Tejpal Referring to Section 327 CrPC, senior advocate Amit Desai emphasized that it is a mandatory provision and that every proceeding in the instant case including pre-trial proceedings before the High Court had been conducted in-camera. He further submitted that it is pertinent that the reputation of both the parties are protected equally as both have the constitutional right to protect their privacy. He further pointed out that the 'presumption of innocence of his client stands fortified' considering the fact that he had been acquitted by the Sessions Court. Opining that his client's right to a fair trial cannot be infringed upon, the senior counsel argued that submissions made in Court have to be done in a restrained manner out of fear of publication if due caution is not exercised. In this regard, he referred also to a report of the Law Commision of India wherein it had been ...

Bombay High Court Rejects Tarun Tejpal's Plea For In-Camera Hearing Of Rape Case Appeal

Aaratrika Bhaumik

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