On Thursday, July 30, the Goa Bench of the High Court officially reserved its order regarding the appeal filed by the Goa Government. This appeal challenges the complete acquittal of Tarun Tejpal, the former editor-in-chief of Tehelka magazine, who was previously cleared of charges in a high-profile sexual assault case.

During the arguments, a division bench comprising Justice Dr. Neela Gokhale and Justice Amit Jamsandekar focused heavily on a central piece of evidence: an apology email sent by Tejpal to the complainant, who was also his journalist colleague. The court examined whether the contents of this email amounted to a clear admission that an unwanted physical encounter had indeed occurred.

The High Court reserved its decision after hearing detailed arguments from both sides. Solicitor General Tushar Mehta appeared on behalf of the Goa State Government to challenge the acquittal, while senior advocate Abad Ponda presented arguments defending the controversial journalist, Tarun Tejpal.

To understand how the case reached this point, one must look back to May 2021, when a Goa Sessions Court originally acquitted Tarun Tejpal of all charges in the sexual assault case brought against him by his former colleague. Unsatisfied with the verdict and citing major flaws in the ruling, the Goa government promptly moved to challenge the acquittal before the High Court.

During the High Court proceedings, Solicitor General Tushar Mehta strongly criticized the lower trial court's decision. He argued that the trial judge evaluated the female complainant's behavior through the lens of outdated, rigid, and preconceived notions about how a survivor of sexual assault ought to act.

“My primary objection is to the way in which the trial court has examined the entire matter as if it is setting down a model code of conduct on how the victim should behave and if the victim does not behave in this way, then it is not right,” Mehta stated in court.

Expanding on this point, Mehta emphasized that individuals react to trauma in vastly different ways depending on their personal, educational, and social backgrounds. Because of these varying factors, courts should not dismiss serious allegations simply because a complainant does not conform to stereotypical expectations of victim behavior.

“The behaviour of a victim of molestation can be different based on the background they come from, their educational qualifications. One cannot say one’s behaviour is not like the other, so it is to be disbelieved,” Mehta explained.

While the Goa High Court has concluded hearing arguments from both the prosecution and the defense and has reserved its judgment, it has not yet announced a specific date for delivering the final verdict.

The Deep Rooted Background Of The Sexual Assault Case Against Tarun Tejpal

The case traces back to November 7, 2013, when Tarun Tejpal (whose full name is Tarunjit Tejpal), known as a prominent far-left journalist, was accused of sexually assaulting a younger female colleague. The incident was reported to have taken place inside an elevator at the Grand Hyatt hotel in Bambolim, Goa, during Tehelka’s annual official event, the 'THiNK' festival.

The matter escalated rapidly and entered the public realm after multiple news outlets published a leaked chain of emails exchanged between the complainant, Tarun Tejpal, and Shoma Chaudhury, who was then the managing editor of Tehelka. Following the widespread public outrage and the official complaint, Tejpal announced that he was stepping down from his position as editor for six months to 'recuse' himself from the publication.

In November 2013, Tarun Tejpal was formally arrested by the Goa police. He remained in custody for several months before being granted bail by the court in July 2014.

The legal charges framed against him were severe. Tejpal was charged under multiple sections of the Indian Penal Code (IPC), including:

• Section 341 (wrongful restraint)
• Section 342 (wrongful confinement)
• Section 354 (sexual harassment)
• Section 354A(1)(I)(II) (demanding sexual favors)
• Section 354B (assault or use of criminal force to a woman with the intent to disrobe)
• Section 376(2)(f) (rape committed by a person in a position of trust or authority over a woman)
• Section 376(2)(k) (rape committed by a person in a position of control)

The formal trial against Tejpal finally commenced in 2017. During this period, Tejpal attempted to halt the legal proceedings by filing a petition in the Bombay High Court asking for the charges against him to be quashed, maintaining that the allegations were completely fabricated. However, his attempts failed when both the High Court and later the Supreme Court of India dismissed his petitions in 2019, paving the way for the trial to continue.

When The Goa High Court Termed The Sessions Court Order A “Manual For Rape Victims”

The trial court’s decision to acquit Tejpal in May 2021 drew sharp legal and public criticism. In September 2021, while reviewing the appeal, the Goa Bench of the Bombay High Court made severe observations regarding the lower court’s reasoning, remarking that the acquittal order read almost like a “manual for rape victims.” The High Court pointed out that the trial court had inappropriately dictated how a sexual assault survivor should or should not react following an assault.

“The judgement goes into how she (survivor) responded. There are some observations on this. It is like a manual for rape victim. There is a prima facie case to consider the leave (permission) to appeal (against the acquittal). Issue notice to the respondent (Tarun Tejpal) returnable on June 24,” observed Justice S C Gupte.

Furthermore, Justice S C Gupte highlighted a glaring omission in the lower court's document, pointing out that the judgment failed to even properly outline or address the prosecution's core case.

The BJP-led government in Goa strongly pushed for a retrial, pointing to the trial court's fundamental lack of understanding regarding post-trauma behavior and its unfair attacks on the survivor's personal character.

The government submitted that the trial court “(considered) the evidence given by defence witnesses as gospel truth, but at the same time discredited without any finding the evidence given by the victim and the prosecution witnesses.”

Examining Tarun Tejpal’s Controversial ‘Apology Email’ Sent To The Survivor

A crucial element of the entire legal battle centers around an email written by Tarun Tejpal in late November 2013, shortly after the incident occurred, which was addressed directly to his journalist colleague.

In this purported email, Tejpal explicitly admitted to a severe error in his behavior, describing it as a lapse in judgment that caused him to attempt physical intimacy with the survivor on two separate occasions during the event.

“It wrenches me beyond describing, therefore, to accept that I have violated that long-standing relationship of trust and respect between us and I apologise unconditionally for the shameful lapse of judgement that led me to attempt a sexual liaison with you on two occasions on 7 November and 8 November 2013, despite your clear reluctance that you did not want such attention from me,” Tejpal wrote in the email.

He went on to address the power dynamic between them as editor and subordinate, acknowledging his inappropriate remarks during the encounter:

“…I know you feel I used my position as Editor, Tehelka to force my attention on you, and I acknowledge that I did at one point say to your contention that I was your boss, “That makes it simpler,” but I do want to put on record that the moment those words escaped my lips, I retracted them saying “I withdraw that straight away – no relationship of mine has anything at all, ever, to do with that,” he added.

In the same message, Tejpal referred to his inappropriate actions as a temporary breakdown of judgment, calling it a momentary lapse.

“I have often spoken for the absolute rights and freedoms of women, and it shames me beyond words, to find myself located in this awful context. I would say it was a moment of insanity, except that would mean evading responsibility for it, and that I will not do. I hold myself, first and last, accountable,” he purportedly written back in November 2013.

He concluded his written apology by expressing remorse and offering an unconditional plea for forgiveness:

“In extreme contrition, I would like you to know that but for this unconscionable lapse, that man still exists and holds you in highest regard. If an apology can heal, please consider this an unconditional one,” he concluded.

Public Support And Political Endorsements Received By Tarun Tejpal

Following his trial court acquittal in May 2021, Tarun Tejpal issued a public statement expressing deep gratitude to the legal team and individuals who supported him throughout his eight-year-long legal battle.

“In these 8 years a host of outstanding lawyers came to our aid, and we owe them all a deep debt, prime among them Pramod Dubey, Aamir Khan, Ankur Chawla, Amit Desai, Kapil Sibal, Salman Khurshid, Aman Lekhi, Sandeep Kapoor, Raian Karanjewala, and Shrikant Shivade,” Tejpal stated.

The acquittal also brought support from prominent political figures, particularly within the Congress party. In September 2021, Congress Member of Parliament Manish Tewari publicly defended Tejpal on social media, claiming that the journalist had been subject to political victimization and declaring that he had been completely cleared of charges.

“My college Senior the much maligned, hugely politically persecuted &now honourably exonerated, the brilliant & mercurial Tarun Tejpal has written this teaser of his new book Animal Farm. Tarun at his evocative & provocative best. Welcome back friend,” Tewari posted on X (formerly Twitter).

Tewari’s public statement praising Tejpal quickly sparked significant public backlash, with critics calling him out for trivializing the grave nature of the sexual assault allegations and disregarding the ongoing legal challenge before the High Court.