Thread by @barandbench

#BombayHighCourt at Goa to hear the the appeal challenging acquittal of #TarunTejpal, former Editor-in-Chief of Tehelka magazine, in the sexual assault case against his former female subordinate at Tehelka.

Hearing before Bench of Justices SP Deshmukh and MS Sonak.

Hearing begins.

Sr Adv Amit Desai submits that the documents of 700-800 pages which was sought for the last time was served on my advocate last evening.

Desai: The arguments should be held in-camera. Because this is principle of law in matter of this type.

Desai: Particularly because of the senstiity of the issue, what will be read out.. In consonance with Section 327 of the CrPC. This is not adversarial, I believe.

Desai: Every single matter before trial and your lordships has been heard in-camera.
So we have filed an application.
We have also filed a reply on the question fo maintainability of appeal.

Desai: We are saying the appeal is defective, and is not in line with the procedure of law.
We have put in all issues and grounds. These are three things.

Court: You are raising three issues.

Desai: The first is not really an issue.. But well, 700 pages..
But on the in-camera, if they want to file a reply.
The precedent is this matter has always been heard in-camera.

SG Tushar Mehta: It would really be an embarrassment for Desai.. he would know, whatever we would be supply to them, is what is already known to them. We are not like a magician, taking out pigeon from hat!

Mehta: I have no difficulty if they want time on the leave to appeal.
As for in-camera, I would want to peruse the application and respond.

Mehta: Normally I would not have objected, but the way our institution has failed, leaving an inevitable impression upon all victims of sexual violence, and onslaught, that it has a deterrent effect on potential victims.

Mehta: They might not come before the court. The country has a right to know what happened with the girl, who came with a complaint, precise facts, corroborative evidence.

Mehta: There are two ways of removing clothes and then there are clothes are being removed in court. Incidentally, the evidence has captured in-camera (CCTV camera).

Mehta: If it can be I do not want to be deprived of the privilege to appear before the court and assisting the court. IF physical hearing begins, then we will be deprived.

Desai: I would request the court to hold the hearing through VC..
As for the submissions made by my friend, who represents various institutions through the length and breadth fo the country. But the institution should be protected foremost…

Court: We are only on the fixing of date right now! We are fixing it August 18.
We are sitting only for 3 days that week.

Desai: This is a joint request, we want the Court to hold the hearing through VC.

Court: We are starting physical next week. And we thought you would be interested in coming to Goa..

Desai: On a holiday, not for.. (laughs)

Mehta: being from Goa, we are vegetarians and teetotallers! So Goa is not an attraction for me.. (laughs)

Desai: There is some talk of bringing in hybrid..

Court: Why don’t you file a request before the Chief Justice.. Then we will take a call..
Stand over for two weeks.

Mehta: Can milords fix a date?

Court: We are fixing it on August 31.