A bench comprising Justices Rao and S A Bobde took up the petition for hearing, but after senior advocate Kapil Sibal, representing Tejpal, referred to one of the documents in the case file, Justice Rao recused from hearing.
Initially, Justice Bobde observed, "we are not interfering with it (high court's order)".
Sibal, however, referred to one of the documents and said the issue in it should have been pointed out earlier by them. He also said that he was ready to make a statement that the matter could be heard by the bench.
The Bombay High Court at Goa had on December 20 last year dismissed Tejpal's plea seeking quashing of charges against him.
The trial court in Mapusa town of Goa had earlier framed charges against Tejpal under various sections of the IPC, including that of alleged sexual harassment and provisions related to rape.
On December 6 last year, the apex court had asked the lower court to start examining witnesses in the case of 2013 against Tejpal, saying there would be no stay of the trial.
He was arrested on November 30, 2013 by the Crime Branch after his anticipatory bail plea was rejected by the court. He has been out on bail since May 2014.
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