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Justice L Nageswara Rao of the Supreme Court has recused himself from hearing a plea filed by journalist Tarun Tejpal against a Bombay High Court order dismissing his application for in-camera hearing, in the case challenging his acquittal in a rape case.

Justice Rao said, "I represented the State in this case in the year 2015 and 2016, and hence, would recuse from hearing the matter."

The bench of Justice L Nageswara Rao and Justice BR Gavai has directed for the matter to be listed before another bench.

The plea has been filed challenging order of the Bombay High Court dismissing application seeking in-camera hearing in an appeal before the Bombay High Court against Tehelka magazine's former Editor in Chief, in a rape case.

Tejpal was acquitted on May 21 by the Goa Court, however, a copy of the judgment was made available on May 25.

The Goa Court had observed in the judgement that the victim had approached the National Commission of Women and even spoke to Sr. Adv. Indira Jaising who guided her in drafting the complaint. The Court further noted that Jaisingh’s name was saved as “Brahmastra” in the prosecutrix' phone, “which translates to 'most powerful weapon'.”

A complaint was filed against Tejpal for sexually assaulting his colleague in a hotel in Goa in November 2013. Tejpal was charged for the offenses punishable under Sections 341 (wrongful restraint), 342 (wrongful confinement), 354 (assault or criminal force with intent to outrage modesty), 354-A (sexual harassment), 354-B (assault or use of criminal force to woman with intent to disrobe), 376(2)(f) (person in a position of authority over women, committing rape) and 376(2)k) (rape by a person in a position of control) of the Indian Penal Code (IPC). 

After his acquittal, the state had filed an appeal before the Goa bench of the High Court of Bombay.

Cause Title: Tarun Jit Tejpal vs State of Goa