Tejpal’s lawyer seeks in-camera hearings, govt to file reply | Goa Information – Occasions of India

Panaji: The counsel for Tehelka founder-editor Tarun Tejpal told the high court of Bombay at Goa on Tuesday that the state’s appeal challenging his acquittal in the alleged rape case is “defective” on grounds of maintainability, and sought that the case be heard in-camera.
In response to the plea, submitted by senior counsel Amit Desai, solicitor general Tushar Mehta, who appeared for the state government, said that he would file a reply to the application.
The court then adjourned the case to August 31. When both parties sought virtual hearing on the next date, the court asked the parties to approach the chief justice, as the court will start physical hearings from next week.
Desai said that he has filed a reply on the question of maintainability of the appeal. “We have raised (the issue) that the maintainability of the appeal is defective, it’s not in consonance with the requirement of Section 378 of the CrPC, and there are a lot of judgments on this subject,” he said.
The state government had approached the high court to challenge Tejpal’s acquittal by a trial court in the alleged rape case. The case came up for hearing before a division bench comprising justices Sunil P Deshmukh and M S Sonak.
Desai said that they have filed an application that proceedings should be held in-camera even on argument on leave to appeal.
“Right from day one, every application of all types, including the entire trial before the trial court and high court was held in-camera, and I think that is a principle of law in matters of this kind,” he said. “Therefore, we have put in an application, though the state did not feel the need for it. We felt that it is the appropriate thing to do in a matter like this, particularly because of the sensitivity of the nature of the allegation.”
Responding to one of the points raised by Tejpal’s counsel (that they received some documents related to the case on Monday), Mehta said “we are not going to bring pigeons out of a hat like a magician and show him something new. Every lawyer defending an accused knows what documents the prosecution is going to rely upon technically. We were required to serve, and we have served”.

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