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by Admin
07 May 2024 2:49 AM
Kerala High Court quashed the proceedings against Zara Michele Shilansky, an Australian tourist accused of tearing down posters at a Fort Kochi tourist spot. Justice Bechu Kurian Thomas ruled that the act did not meet the necessary conditions under Section 153 of the Indian Penal Code, which requires an illegal act done with the intent to provoke rioting. The case, which involved a complaint filed by the Students Islamic Organization (SIO), was dismissed as an abuse of process.
The case stemmed from an incident where Shilansky, perturbed by posters displaying the slogan "Silence is Violence - Stand Up for Humanity," removed the posters after being unsuccessful in having them removed through legal channels. These posters, believed to pertain to the Palestine-Israel conflict, were allegedly placed without permission. The complaint was lodged by a member of the SIO, leading to Shilansky’s arrest and subsequent detention at Kochi Airport under a lookout notice.
The central question was whether the petitioner’s actions, which involved removing posters placed illegally, could be considered an offense under Section 153 of the IPC, which deals with provocation leading to rioting.
Justice Bechu Kurian Thomas held that tearing down illegally placed posters, even if done by a private individual, could not be considered an illegal act or one meant to provoke rioting. The Court noted that the posters lacked the name of any organization and were not authorized, making their removal by the tourist non-provocative.
"The absence of any intent or provocation required to trigger rioting invalidates the charges under Section 153 IPC."
The Kerala High Court quashed the criminal proceedings against Zara Shilansky, ruling that her actions did not meet the legal threshold for incitement or provocation. The Court emphasized that prosecution based on such flimsy grounds was an abuse of the legal process.
Date of Decision: September 10, 2024
Zara Michele Shilansky v. State of Kerala & Others
