Mumbai, Mar 31: Tthe Supreme Court on March 18 last upheld the appeal by CHILDLINE India Foundation and the Maharashtra Government against the Mumbai High Court Judgement ( Cr Appeal no 476) in the Anchorage case. Justices, P Sathasivam and Dr Balbir Singh Chauhan upheld the Sessions court judgment and sent Alan Waters and Duncan Grant back to jail to run their sentences. The British Paedophiles had been convicted by the Sessions Court in Mumbai and had appealed in the Mumbai High Court whch had upheld the appeal.
In the Supreme Court ( case 1a, Supplementary list, Court 10, Fali Nariman appeared for CHILDLINE India at the admission stage and the case was argued by Advocate KV Vishwanathan. The Maharashtra Government, which had also appealed the High Court judgment was represented by Advocate Arun Padnekar. The Supreme Court rejected arguments of Duncan and Walter's Counsel, Naphde and sent them back to finish their jail terms.
Case History
On a Special Leave Petition filed by Mahrukh Adenwala and CHILDLINE India Foundation, the Supreme Court has, after a hearing this morning Aug 1st, 2008, has admitted the case, for hearing, against the decision of the Bombay High Court to acquit the Anchorage Case accused. The Maharashtra Government Petition was also heard as represe3nted by the State Advocate General
The Supreme Court has indicated a three week period for commencement of hearing and asked the Police to withhold the Passport and has also requested the Consulates not to entertain requests for Visa. Under Sec 390 of CrPC notice is being issued to the accused to show cause on why they should not be arrested and action taken against them.
In early 2001, on its phone helpline 1098, CIF had been receiving reports of abuse at the Anchorage Shelters. Similar reports had also reached the High Court appointed Maharashtra State Monitoring Committee on Juvenile Justice. The Committee in August 2001 visited the Anchorage Shelters and submitted a report to the High Court confirming the strong suspicion of sexual abuse and recommending a police investigation. The sexual abuse of the boys at Anchorage Shelters was also brought to the notice of Advocate Ms. Maharukh Adenwalla who works on issues of child rights, and she brought the same to the attention of the Bombay High Court in a matter in which she was amicus curae.
The Bombay High Court passed directions to protect the boys at Anchorage Shelters. Thereafter, CIF lodged a detailed complaint at Cuffe Parade Police Station on 24-10-2001, but the police refused to investigate the said complaint as the matter was sub-judice. At the instance of Advocate Ms. Maharukh Adenwalla, the Bombay High Court directed the police to investigate the complaint filed by CIF. Police investigation revealed that two British nationals, Duncan Grant (Accused No. 1) and Alan Waters (Accused No. 2), used to run the Anchorage Shelters, which housed a large number of street children aged between 8-18 years. Willyam D'Souza (Accused No. 3), an Indian, and a former pimp for homosexual tourists, was the Manager of the shelters. The investigation revealed that Grant and Waters were sexually abusing the children under their care and that a large number of foreign paedophiles were regularly visiting the Shelters and taking the children to Goa where the children were also being sexually abused.