Quashing the case registered against Zara Michele Shilansky, a single bench of Justice Bechu Kurian Thomas said the posters did not bear the name of any organization, nor was any permission obtained for their display.
Photo: Kerela HC (IANS)
The Kerala High Court on Friday quashed the case registered against Zara Michele Shilansky, an Australian tourist of Jewish origin for allegedly destroying pro-Palestine banners and boards erected by the Students Islamic Organisation, the student wing of the Jamaat-e-Islami, in Fort Kochi in April this year.
Quashing the case registered against Zara Michele Shilansky, a single bench of Justice Bechu Kurian Thomas said the posters did not bear the name of any organization, nor was any permission obtained for their display.
“Since the posters were admittedly put up without any legal authority and did not contain the name of any organization responsible for them, the act of removing or tearing down the posters cannot be considered illegal or capable of provoking a riot. Therefore, prosecuting the petitioner for an offense under Section 153 of the IPC constitutes an abuse of the process of law, and the proceedings are liable to be quashed,” the court said.
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As per the First Information Report (FIR), the foreign woman tourist vandalised the pro Palestine banners, placed in front of jankar jetty protesting against the genocide of Palestine nationals by the Israel, with the intention to incite riot.
The court noted that the final report did not suggest that the posters were torn down to provoke, or with the knowledge that it would incite a riot.
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