Tuesday, 2 December 2014

Kerala High Court quashes FIR registered against Swiss National accused of maoist links



The Kerala High court on Tuesday quashed the case registered against Swiss national Jonathan Baud, who had been arrested by the Kerala police suspecting him to be a Maoist. He had allegedly attended a public meeting held to commemorate a suspected Maoist leader.

 The High Court flayed the approach of the Kerala police, which several times failed to explain before the Court about the alleged crime committed by the Swiss youth. 

A student of International Economic History at Paul Bairoch Institute of Economic History in Geneva, Baud was arrested by the Kerala police, who suspected him to be a Maoist as he had attended a public meeting held for Maoist leader Sinoj at his native place Thriprayar in Thrissur on July 28. 

Baud and his friend Valerie were on tourist visa in India since July 1. While in Kozhikode on July 25, he saw a newspaper report about the commemorative meeting held for Maoist leader Sinoj at his native place Thriprayar in Thrissur. He went to Thriprayar and attended the meeting on July 28.

As the presence of a foreigner created curiosity in the meeting, he introduced himself. Post-meeting, he was arrested by police, who suspected him to be a Maoist. He was later grilled by IB and state intelligence officials.

Post-arrest, he was remanded in judicial custody, but was released on bail after 12 days. Later, he moved the Kerala High Court, seeking an order to quash the case registered against him. When the Prosecution stuck to the stand that Baud had violated visa conditions by addressing the gathering, the Court watched the video of his address. After going through the Malayalam translation of his speech, the Court had observed that there was nothing objectionable in the speech that demands framing of the offence under section 14 (b) of the Foreigners Act. 

Judge P Ubaid, who quashed the FIR, observed that the police had abused the process of law. He was a radical neither in India nor abroad, said the Court.

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