The Supreme Court will on Friday hear an appeal by former Tehelka editor-in-chief Tarun Tejpal against the Bombay High Court’s rejection of his plea for an in-camera hearing in the 2013 rape case, NDTV
A bench comprising Justices L Nageswara Rao and B R Gavai will hear Tejpal’s application, filed under section 327 of CrPC on Thursday. The High Court in its order had held that the section could only be applicable to an “inquiry” or “trial” and not to an appeal, Live Law . Tejpal had argued that the identity of the accused is just as important to protect in his case.
The report also stated that the 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”.
The High Court did not see justification in the claim that the applicant’s right to defend himself is being taken away because he couldn't argue freely for fear of publication. The bench had further observed that there was no restriction on the applicant to argue his case.
Tejpal was accused of sexually assaulting a colleague in 2013. Last year, a court in Goa had acquitted him, with the judge having commented on the woman’s behaviour and faulty investigation. The acquittal was challenged by the government of Goa.