Date:03/08/2008 URL: http://www.thehindu.com/2008/08/03/stories/2008080355811000.htm

National

Do not release Britons’ passports: Supreme Court

J. Venkatesan

Show cause why arrests should not be made: Bench
Both accused resisted trial: SLP

New Delhi: The Supreme Court on Friday directed the Mumbai police not to release the passports of two British nationals who were acquitted by the Bombay High Court in a sodomy case.

A three-judge Bench issued notice to Duncan Grant and Allan Waters on an appeal filed by the Childline India Foundation, a project of the Union Ministry of Social Welfare and Empowerment, challenging their acquittal.

After hearing Fali Nariman, senior counsel for the petitioner, the Bench, comprising Chief Justice K.G. Balakrishnan and Justices C.K. Thakker and P. Sathasivam, also issued notice to the two foreigners, asking why they should not be arrested pending disposal of the special leave petition (SLP). It gave the petitioner liberty to inform the British High Commission of the court order. The SLP has been posted for further hearing after four weeks.

The foreigners faced charges of sodomising young boys staying in the ‘The Anchorage Shelter,’ set up by Grant. The trial court sentenced them to six years’ rigorous imprisonment. On appeal, the High Court acquitted them on July 23. In the SLP against this judgment, the non-governmental organisation said both accused were brought to India after a Red Corner Notice had been issued against them. Grant was initially traced to Tanzania and later he moved to England, and Waters was arrested from the United States. Both made all attempts not to stand trial.