Js. Krishna Iyer Writes on Tejpal's Bail

Following is the text of the letter PIL Watch Group sent to Justice Krishna Iyer by speed-post and his response received by email.

PIL Watch Group letter

29 April, 2014

To

Honorable Justice Shri. V.R. Krishna Iyer,
[Former Judge, Supreme Court],
"Satgamaya",
Mahatma Gandhi Road,
Ernakulam, Cochin - 682001.
Kerala, India.

Respected Sir,

Sorry to disturb you.

We, at Public Interest Litigation Watch Group, revisited your treatise on bail viz. Babu Singh and Others V. The State of U.P [1978 AIR 527], in the context of the case of Tarun Tejpal, former editor Tehelka magazine. He was arrested on 30 November, 2013 in Goa on charges of alleged rape. A charge sheet, running into approximately 2846 pages was filed on 17 February, 2014 and there are about 159 witnesses. His bail plea was rejected by the Goa Bench of the Bombay High Court on 14 March, 2014 on the ground that in view of the recent amendments to the criminal laws the applicant cannot claim to be released on bail on the ground that the trial will take a long time, since as per the new law the trial has to be completed within a period of two months from the date of filing of the charge sheet. This period of two months elapsed on 17 April, 2014. He is still in jail and the charges are yet to be framed. His bail petition is now pending in the Supreme Court.

Sir, the guiding principles laid down in Babu Singh are routinely flouted by all courts. In the light of the principles enunciated by you should it be expected that bail would be granted to Tejpal during the pendency of trial?

Thanks.

Yours sincerely,

(Dr. Paramjit Singh)

Secretary, Public Interest Litigation Watch Group

Js. Krishna Iyer's Response

   On Sat, May 3, 2014 at 2:16 PM, vaidyanathapuram Rama Iyer Krishna       Iyer<vrkrishnaiyer@gmail.com> wrote:

Dear Dr. Paramjit Singh,

I am sad to read what you have written.  The matter is pending in the Supreme Court.  I cannot make any observations on a pending matter and that may be contempt.  Engage a lawyer who will appear for you to expedite the petition.  At my advanced age and invalid health I am always in bed.  I can do no more now in my present state of misfortune.

With regards

Yours sincerely

V.R. KRISHNA IYER