Mumbai: The Bombay High Court on Tuesday issued notice to the Maharashtra government on a petition filed by US citizen James Leonard Watson, seeking a declaration that his arrest by the state police was illegal.
No Interim Relief Granted
A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad refused to grant any urgent interim relief, observing that Watson could pursue his bail plea before the trial court instead.
Arrested for Alleged Conversion Attempt
Watson, 58, was arrested on October 3 by the Bhiwandi Taluka Police for allegedly attempting to convert villagers to Christianity and hurting religious sentiments. He is presently in judicial custody till October 17.
Wife’s Habeas Corpus Plea Amended
Initially, Watson’s wife, Tracey Garrett Watson, had moved a habeas corpus petition seeking his release. When the court pointed out that such a plea was not maintainable since there was a remand order, the petition was amended to challenge the arrest as illegal.
Defence Argues Arrest Was Illegal
Senior advocate Sudeep Pasbola, appearing for Watson, argued that the police had not informed him of the grounds of arrest, nor was an arrest memo provided. He contended that the provisions invoked — under the Maharashtra Prevention and Eradication of Human Sacrifice and Other Inhuman, Evil and Aghori Practices Act (2013), the Juvenile Justice Act, and the Foreigners Act — were inapplicable to the case.
HC Suggests Pursuing Bail Plea
However, the bench remarked that he should pursue his bail plea instead. Pasbola said that his bail plea was listed for hearing before the trial court on Wednesday. While keeping the petition for hearing on November 11, the HC has asked the trial court hear Watson’s bail plea independently.
The petition states that Watson, who resides in Thane on a B-2 business visa, had been invited by local Christians in Chimbipada village, Bhiwandi, to attend a prayer meeting. It alleges that a politically motivated complainant, who was not a village resident, forcibly entered the gathering and accused Watson of proselytising.
Prosecution Alleges Proselytising Activity
The police, however, allege that Watson and two locals — Sainath Ganpati Sarpe (42) of Palghar and Manoj Govind Kolha (35) of Chimbipada — preached against Hinduism, promoted Christianity, and promised prosperity and healing through prayer.
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According to the prosecution, Watson misused his business visa for religious activity. The case was registered on a complaint filed by Ravinath Bhurkut, who also circulated a video of the alleged incident on social media.
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