SC virtually grounds Britons' foreign flight

NEW DELHI: The Supreme Court on Friday virtually restrained two British nationals, who were recently acquitted by Bombay High Court in a case of paedophilia, from leaving India by directing the Mumbai Police not to release their passports.
    
The apex court sought responses from Britons -- Duncan Grant and Allan Jhon Waters -- as to why action should be not taken against them under section 390 of Code of Criminal Procedure (CrPC) for their arrest pending an appeal filed against the acquittal.
    
The provision provides that when an appeal is filed against an acquittal, a warrant can be issued by the apex court directing the accused to be arrested and brought before it or the subordinate court pending the disposal of the appeal or admit him to bail.
    
The appeal filed by an NGO, Childline India Foundation, has challenged the acquittal of Britons by the Bombay High Court.
    
To allay the apprehension that the foreign nationals could leave the country, a Bench headed by Chief Justice K G Balakrishnan, allowed the NGO to itself inform the British High Commission about the court order.
    
Senior advocate Fali S Nariman, appearing for the NGO, submitted that "the circumstances surrounding the case have to be considered" and the apex court can exercise its power guaranteed under section 390 of CrPC.
    
He said the High Court considered the case as one of the cases and nothing has been mentioned in the verdict that foreign nationals will have to stay in the country if an appeal was filed.
    
The senior advocate said once they leave the country a tedious procedure would have to be followed for their extradition.
    
The High Court had on July 23 acquitted Grant and Waters of the charges of having sodomised boys staying in children's shelters.
    
The shelter, called 'The Anchorage Shelter,' was set up by Grant. The duo had been sentenced to six years rigorous imprisonment by a trial court.
    
The NGO, a project of Ministry of Social Welfare and Empowerment, has sought stay on the High Court verdict acquitting them.
    
The Bench, also comprising Justices C K Thakker and P Sathasivam, while admitting the petition challenging the acquittal of the Britons and issuing them notices posted the matter for hearing after four weeks.
    
Meanwhile, Maharashtra government also filed an appeal against their acquittal.
    
In the Special Leave Petition, the NGO said both the accused were brought to India after Red Corner Notice was issued against them.
    
While Grant was traced to Tanzania and later he had moved to England, Waters was arrested from the United States. Both of them had made all attempts not to stand the trial in the case.