REZA ABDULLATIF SABOONCHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Writ Petition under Article 226 of the Constitution of India has been filed by the Petitioners, whose nationality is Iranian. The Petitioners have been prosecuted by the Dongri Police Station, in connection with C. R. No. 24/2009, under Section 417, 419 of the Indian Penal Code, read with Section 14 of the Foreigners Act, 1946, read with Section 31 of the Representation of the People Act, 1950. They have been granted bail in connection with the said criminal case, during the pendency of the trial. However, the Foreign Regional Registration Officer and Deputy Commissioner of Police, Special Branch II, CID, Mumbai (hereinafter referred to as 'the Competent Authority') issued restriction order in exercise of powers conferred on him as per Para 11(2) of the Foreigners Order, 1948, dated 2 nd November, 2011.

(2.) The Competent Authority has noted that the Petitioners were holding Iran National Passports, issued at Mumbai on 13 th February, 2009 and valid till 14 th February, 2014. He was of the opinion that as criminal case was registered and pending against the Petitioners, during the process of trial of that case, there was every likelihood that the Petitioners may go underground and evade facing the trial. Upon recording this subjective satisfaction, the Competent Authority passed the restriction order directing both the Petitioners to refrain from moving out of the limits of South Mumbai and Mazgaon Court, Mumbai, till the completion of the trial of the case. The order also records that non compliance of the said order would result in prosecution under Section 14 of the Foreigners Act, 1946.

(3.) This order was challenged by the Petitioners, by way of Writ Petition No. 721 of 2012. The said Writ Petition, however, came to be disposed of vide order dated April 25, 2012, as the Authority concerned agreed to examine the representation to be made by the Petitioners for relaxing the restrictions imposed under order dated 2 nd November, 2011 to the extent possible.