KOCHI: The Kerala High Court has quashed the case against Zara Michele Shilansky, an Australian tourist accused of tearing down pro-Palestine banners and boards in Fort Kochi in April this year.
The court noted that the posters did not bear the name of any organization, nor was any permission obtained for their display.
Justice Bechu Kurian Thomas said, "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 issued this order while allowing Shilansky's petition to dismiss the case against her. Advocate Blaze K. Jose, representing Shilansky, argued that the legal proceedings were merely an abuse of the court's process.
The allegations claimed that the posters and boards, installed by the Students Islamic Organisation of India (SIO), the student wing of Jamaat-e-Islami Hind, at Junkar Jetty in Kamalakkadavu, were torn down by two foreign female tourists. This led to disputes with local residents and an argument involving the Australian tourists.
Shilansky submitted that as a tourist, she had to undergo tremendous anguish following the registration of the crime.
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. It emphasised that the report was silent on whether Shilansky was aware that her actions would lead to a potential offense of rioting or provoke others to engage in such behavior.
