Thread by @barandbench

#GoaBench of #BombayHighCourt to hear the appeal filed by #Goa Government challenging the acquittal of former Tehelka editor #TarunTejpal in the rape case

Hearing before Bench of Justice SC Gupte at 11 am.

#TarunTejpalCase

@Tehelka

Bench has assembled. Hearing to begin shortly.

#TarunTejpalCase

Hearing begins.

#TarunTejpalCase

Solicitor General of India Tushar Mehta appears along with Advocate General Devidas Pangam.

Mehta: This is my first appearance before this bench. The order was pronounced on May 21. Till May 25, no one had a copy of the order.
We as state moved this criminal appeal.

Mehta: The judgment discloses the identity of the complainant.
Victim’s husband’s name is mentioned in it. The email id is mentioned.
While uploading the judgment milords may take care of this.

#TarunTejpalCase

Mehta: This girl who is victim of sexual abuse, by person who is father’s friend approached eminent counsel of Indira Jaising for advice.
According to me it was right, approaching a lawyer of her repute.

#TarunTejpalCase

Mehta: In Indian jurisprudence for first time, what is recorded is, name of counsel is mentioned.
Then there is submissions that this may have led to doctoring of events.
To accuse a lawyer of her stature of doctoring…?

#TarunTejpalCase

Mehta: Any person who is vicitm of sexual harassment has to exhibit trauma, that is the finding here. Milords may keep it in the next week.

Court: Why not keep it in the regular court?

#TarunTejpalCase

Mehta: Normally I would have bowed down. But in this case, there is so much in the judgment.. It is important for women to know that the High Court took immediate cognisance.

#TarunTejpalCase

Court dictates order:

SG seeks time to put the order on record and also amend grounds in the appeal since they received the judgment only in May 25. He offers to do so within 3 days.
List appeal on June 2, 2021.

#TarunTejpalCase

ORder:

The order which is made available to this court, and which the court is informed is not yet uploaded on the website, contains reference to the victim’s husband and her email id.
Considering the law against disclosure of identity of victim in offence such as the one here

Order:

It is directed to the trial court to redact the two references to the victim’s husband and her email id in the judgment while uploading the judgment. So also the reference to the name of the mother of the prosecutrix mentioned therein may be redacted.

#TarunTejpalCase

Court adds that wherever there is indication, the same ought to be considered.

Hearing ends. Matter placed for hearing on June 2, 2021.

#TarunTejpalCase

"Important for women to know HC took immediate cognisance," Tushar Mehta; Bombay High Court orders trial court to redact identity of prosecutrix

report by @Neha_Jozie

#BombayHighCourt #TarunTejpalCase

barandbench.com/news/litigatio…