JONATHAN BAUD Vs. STATE OF KERALA

JUDGEMENT

(1.) 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.

(2.) The specific allegation against him in the final report, under Section 14(b) of the Act, is that he attended a public meeting here in violation of the conditions of the Visa issued to him. The said prosecution is sought to be quashed under Section 482 of the Code of Criminal Procedure, on the ground that such a prosecution cannot be legally sustained, because attending a meeting by itself will not amount to the offence punishable under Section 14(b) of the Act.

(3.) At the very outset I required the learned Director General of Prosecution to tell the court what condition of Visa was in fact violated by the petitioner. The learned Director General of Prosecution drew the attention of this Court to the copy of the Visa appended to the passport of the petitioner. The conditions in the said Visa are as follows: "Non- extendable and non-convertible, Not valid for prohibited/restricted and contonment areas". The prosecution is not able to say whether the Visa contains any other condition. The unfortunate foreign national had to be in jail as remand prisoner for some time. However, now he is on bail. It requires to be examined thoroughly whether attending a meeting by itself will attract a prosecution under Section 14(b) of the Act. When the Court repeatedly asked the prosecution what exactly is the condition violated by the accused, the prosecution repeatedly answered that he attended a meeting when the Visa issued to him does not authorise him or allow him to attend any such meeting. Copy of the Visa appended to the petitioner's passport does not contain any such condition that the tourist shall not attend any meeting in India. During arguments the learned Director General of Prosecution further submitted that if not under Section 14(b) of the Act, the prosecution can well proceed under Section 5 of the Registration of Foreigners Act 1939. This section provides that any person who contravenes, or attempts to contravene, or fails to comply with, any provision of any rule made under the Act shall be punished, if a foreigner, with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both. What is in fact made punishable under Section 5 of the Registration of Foreigners Act is violation of any Rule made by the Government under Section 3 of that Act. Section 3 of that Act provides the subjects on which Rules can be made by the Central Government. Such Rules may provide for