Tehelka founder Tarun Tejpal's request for pre-trial or anticipatory bail is being heard by the Delhi High Court today.
Here are the arguments made by Tejpal's counsel:
- FIR registration is abuse of police power, done at behest of political masters
- They have a bone to pick and want to teach a lesson.
- Seeking temporary relief until proper authority can be approached
- Sec 376 (rape) itself is abuse of police power. It is not sexual assault
- Arrest leads to many serious consequences. A lot of humiliation attached with arrest for accused and family.
- Exact role is attempt and not 376 as alleged in FIR. Even according to new law there must be penetration
- Applicant is man enough to admit mistake. This shows there is some morality. Has stepped aside to enable inquiry
- They have the CCTV footage, unless they have destroyed it
- If u see CCTV footage, there is not even an offence of 354
- If CCTV footage is destroyed, valuable evidence will be lost
Arguments made by Goa government's counsel:
- Delhi High Court has no jurisdiction to grant bail
- The happened in Goa and FIR is registered in Goa
- Investigation is being done by Goa crime branch
- Statement of girl being recorded in Goa as we speak
- Tejpal goes underground. Does not surface anywhere. No warrant. And he's come to this court
- A very serious heinous offence(s) of rape under new amendments is registered which occurred on two consecutive dates
- Position of dominance, position to manipulate job between a man who is married with family with an employee who is a friend of daughter who he has known as a child
- It is the duty of police to register a case even if complainant doesn't come forward
- Police officer cannot avoid duty of registering offence if it comes to his notice
- She (the journalist) was worried about her father's medical position among other things
- We can sit across the table and sort it out, Tejpal's family member has said when she came home (also cites complaint made by her mother to police)
- There is admission of accused in mails. It's an open and shut caseArguments by Tejpal's lawyer:
- He's not underground. We will go to Goa. We will apply for bail there, but we are asking for anticipatory transit bail.
Delhi High Court to decide on Tarun Tejpal's bail on Friday. Goa Police free to arrest him before then.