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This is an archive article published on May 10, 2005

Finally, Maharashtra acts on Martis’ vanishing act

It’s belated, but five months after the Swiss paedophile couple fled India in violation of a Supreme Court order, the state’s Home...

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It’s belated, but five months after the Swiss paedophile couple fled India in violation of a Supreme Court order, the state’s Home Department and legal machinery will move the apex court to cancel the bail of Wilhelm (62) and Lile Marti (60).

On the orders of Advocate General R. Kadam, the state’s lawyer in the Supreme Court, Ravindra Adsure, has prepared a plea, sent late last week to the Mumbai Police’s Social Services Branch and to the Principle Secretary (Home) for approval.

Reports in the Express editions of April 2 and April 5 on the couple’s escape will be attached as annexures in the petition. The newspaper had reported how the Martis — found guilty of paedophilia in March 2003 by a Mumbai Sessions Court and were let off by the HC in a controversial decision — had fled India, their passports still held by a local court, while the Ministry of External Affairs, the Mumbai police and the Home Department dithered.

Each of these authorities had received letters from the Swiss embassy in early December 2004 stating that ‘‘the Martis have left India, and applied to the embassy for travel documents to go to a third country’’. Yet, nobody informed the SC that its order had been violated. The state’s plea seeks that the court cancel the bail of the Martis — given in April 2004 on condition that they do not leave India till their case is heard — and direct them to present themselves before the court.

The case so far

December 16, 2000: Mumbai Police raid a suburban hotel room and find Wilhelm and Lili Marti nude with two street girls

March 28, 2003: A Sessions Court finds the couple guilty of paedophilia, sentences them to seven years’ rigorous imprisonment and a Rs 5,000-compensation sum to each victim

March 23, 2004: The Bombay High Court accepts an offer by the Martis to pay Rs 1 lakh in compensation to each victim in return for being set free

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April 5, 2004: State Advocate General appeals against order in Supreme Court. SC issues stay, grants the couple bail till it can hear the matter

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