No HC relief for Iranian couple charged with cheating

THE Bombay High Court, refusing to rule in favour of an Iranian couple living in the city, in a recent order held that even though they might have been living in India for a long time, it cannot give them any additional rights. The couple, who have been chargesheeted in a cheating case, had challenged restrictions on their employment.

Reza Saboonchi and Simeen Saboonchi claim that they were born and brought up, and married, in Mumbai. According to them, when they were minors, their parents obtained Iranian passports, which were renewed from time to time. Their passports have now been renewed till February 2014. Reza and Simeen are aged 62 and 54 years respectively.

They challenged an order dated November 2, 2011, by which restrictions were put on their employment. The couple argued that on account of the order, they would "lose their daily bread and butter and would be unable to survive without doing any business in India, despite the visa to stay in India".

The Dongri police had booked the couple for cheating in 2009. In connection with the case, they had been directed by an order to remain within the limits of south Mumbai and Mazgaon court. This order was also challenged by them before the High Court.

In its order, a division bench of Justice A M Khanwilkar and Justice A R Joshi said, "The fact that the petitioners are born, brought up, educated, married and settled in Mumbai would not create any higher right in their favour, nor is it open to them to ask for any relief which is contrary to visa restrictions."

The bench noted that even after the two attained majority, they chose to keep renewing their visa and to stay in India.

The couple, through their lawyer Mohsin Shirazi, told the court that they have now filed an application for registration of Overseas Citizens of India as defined in the Citizenship Act, 1955. The court, however, ruled that the case can only be decided on the basis of the present status of the two Iranians.

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