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2014 Supreme(Ker) 753

P.UBAID
JONATHAN BAUD – Appellant
Versus
STATE OF KERALA – Respondent


Advocates Appeared:
BY ADVS.SRI.S.RAMESH BABU (SR.), SRI.P.RAVINDRA NATH, SRI.N.KRISHNA PRASAD
BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE.P
R1 & 2 BY DIRECTOR GENERAL OF PROSECUTION SRI.ASIF ALI

ORDER

The petitioner herein is a citizen of Switzerland. He is being prosecuted at the instance of the Valappad Police, on the allegation that he attended a meeting in violation of the conditions of his Visa. He came here on a tourist visa, on 1.7.2014. On 28.7.2014, on his way, he happened to notice a condolence meeting at Triprayar. Probably out of curiosity he stepped into the meeting place and addressed the gathering voluntarily without being invited by anybody. He just introduced himself, who he is, and he also appreciated the greatness and sanctity of our democratic polity governed by Rule of Law. But our police thought that he is a radical, because the meeting which he addressed was in fact a condolence meeting organized by a political faction, which is said to be a radical group. He was arrested on the spot, and the Sub Inspector of Police registered a crime against him under Sections 14(b) of the Foreigners Act, 1946 (for short 'the Act'). In rocket speed the investigation proceeded, and within no time the police submitted final report against him under Section 14(b) of the Foreigners Act 1946. Section 14 of the Foreigners Act reads as follows:

"14. Penalty for contraventio





















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