By promptly constituting a panel of three judges to probe allegations of misconduct levelled by a young legal intern against a recently retired judge of the august court, the Supreme Court has upheld the spirit of its Vishaka guidelines regarding cases of sexual harassment at the workplace. The allegations that subsequently surfaced about the same judge and other cases involving the judiciary have also been referred to this panel.
It is, therefore, pertinent to ask why the Supreme Court failed to take due note of the escapade of a famous legal luminary who allegedly demanded sex from a female colleague in return for getting her a job in the judiciary; a secretly taped version of their encounter went viral on the Internet for weeks but has since been successfully removed; the gentleman concerned has been rehabilitated as the spokesperson of a major political party.
There was nothing in the telecast to suggest that the lady was unwilling to go along. But the incident cannot be dismissed as an unorthodox exchange among consenting adults, if only because it highlights the manner in which appointments to the judiciary can be manipulated and quality of judges affected. The incident deserved – and still deserves – serious judicial application of mind if only to seal the route of judicial appointments being made via sexual transactions with well-connected persons.
This brings us to the now famous Tehelka episode, which has been largely glossed over by an indulgent media on the incorrect premise that the accused, founder-editor Tarun Tejpal, has recused himself from the editorship of the magazine for six months after he realised that the victim had made her agony known to a number of persons on the staff, including managing editor Shoma Choudhary, who has now taken charge. Choudhary’s assertion that the matter should be regarded as closed is unsatisfactory because she was asked by the victim to initiate action under the Vishaka guidelines, which she is clearly reluctant to do.
Given that Tehelka shot into the limelight by taking the high moral ground against a Central Government and high profile political actors over a decade ago, a more detailed examination of the issue is warranted. One of the lead actors then, Anirudh Bahl, was ultimately caught out taking liberties with the truth. One of the senior Army officers whom he tried to implicate in his fake sting operation on defence kickbacks exposed an attempt to bribe him with call girls, and the episode backfired because the officer rejected the bait.
Bahl subsequently left Tehelka and is now the brains behind Cobrapost, the web portal that has been struggling in the past few days to involve Gujarat Chief Minister Narendra Modi in an unsavoury scandal on the basis of an affidavit filed in the Supreme Court by a disgruntled police officer, Pradeep Sharma. The story got some traction because of the inept handling of the episode by some members of the BJP, but began to die out when it was realised that the affidavit had no evidentiary value and, more pertinently, had to be modified on the orders of the Apex Court, removing all traces of the salacious innuendos. The issue is now confined to Sharma complaining that he was victimised by the Gujarat Government as revenge against his elder brother, who was an outstanding police officer.
According to the victim’s account which is now circulating widely, in which she is open about her identity as well, the incident began on the night of November 7, 2013, which was the opening night of Tehelka’s Think festival in Goa, where some of the famous guests included Taliban leader Mullah Abdul Salam Zaeef and former CIA director of counter terrorism in Afghanistan, Robert Grenier.
Briefly, the young journalist and Tarun Tejpal accompanied actor Robert de Niro and his daughter, Drena, to their suite as an act of courtesy. But later, in the elevator, where he pressed several buttons to keep it moving, he tried to kiss her, ignoring her protests about being a family friend and close to his daughter, Tiya. He went further, trying to disrobe her and force himself on her; whichever way one looks at it, this was a full-fledged attempt to rape. The young girl was saved by the fact that the lift ultimately stopped on its own, at which point she “picked up my underwear” (clearly a close shave) and ran out. He followed her, asking what was wrong (with what he did) and telling her it was “the easiest way for you to keep your job.”
The victim took a taxi back to her hotel where she took the unprecedented step of making her plight known to Literary Editor Shougat Dasgupta, Photo Editor Ishan Tankha, and investigative reporter G Vishnu. As the unrepentant Tejpal sent a suggestive text message on her mobile, she shared it with her colleagues then and there. She also called her friend from Tankha’s iPhone and told him about the incident. It was this prompt disclosure that made it impossible for Tejpal to maintain deniability over the episode.
Anyway, the victim returned to work the next day and tried to be as normal as possible. But in the evening, Tejpal managed to corner her alone, drag her into the lift, and repeat the misdemeanor of the previous night. She escaped, returned to her hotel, and informed Ishan Tankha about the incident; he reportedly suggested that they immediately resign. However, the victim decided to complete her duty of chaperoning the De Niro family. At dinner, she encountered Tejpal’s daughter, also her close friend, and confessed her trauma; Tiya Tejpal believed her and reportedly made some disclosures about her father’s character.
Realising his daughter knew about the episode, Tejpal tried to force the victim to say the episodes were due to drunken banter. But once the episode became public via social media, Shoma Choudhary took up the role of fire fighter, sending out an email to all colleagues stating, “This may come as a rude surprise to many of you. There is a letter from Tarun appended to this mail. There has been an untoward incident, and though he has extended an unconditional apology to the colleague involved, Tarun will be recusing himself as the editor of Tehelka for the next six months”. Tejpal himself claimed it was “A bad lapse of judgment, an awful misreading of the situation…”
Shoma Chaudhury so far insists Tehelka will not set up any enquiry into the matter, and that the journalist concerned is “satisfied” with the action taken, a claim strenuously denied by the victims’ friends, who want action according to Vishaka guidelines. This case is a litmus test for the judiciary and journalism, two of the most critical professions for the protection of morality and probity in public life. It will be a sad day for the nation if either or both connive to hush it up.
Niticentral.com, 21 November 2013
http://www.niticentral.com/2013/11/21/tehelka-case-a-litmus-test-for-judiciary-and-media-160194.html