Hindustan Times, India
August 24, 2007 Friday 3:38 PM EST

Iranian fears persecution, challenges deportation

Bhadra Sinha Hindustan Times

NEW DELHI, India

NEW DELHI, India, Aug. 24 — An Armenian Christian who was prosecuted
for overstaying beyond his visa by the West Bengal police has
approached the Supreme Court challenging the Calcutta High Court
order of deporting him to Iran. Fred Babakhanian, who married an
Indian girl under the Indian Christian Marriage Act, has expressed
apprehensions about returning to his native country Iran on the
ground that Armenian Christians are being persecuted there.

Babakhanian, whose visa expired in 2001, does not have a valid
passport. He has urged the Supreme Court to decide whether a
foreigner can be deprived of protection under Article 21 of the
Indian Constitution that entitles right to life to every person. He
has challenged the high court order of deporting him on the ground
that the competent authority, that is the Union of India, has not
passed any deportation order against Babakhanian even though he has
been in jail since 2001 despite serving his two-year sentence under
the Foreigners Act.

Although the bench of Justice SH Kapadia and Justice Markandeya Katju
ordered Babkhanian’s release on parole and asked the West Bengal
government to return his expired passport, on Friday it expressed
reservations of passing a judicial order to declare Babakhanian a
refugee. The bench said as India had not signed the refugee
convention, it cannot grant refugee status to Babakhanian. However,
the court said it would definitely explore the possibility of whether
the petitioner’s life is in danger in Iran and if he can get
protection under Article 21 of the Indian Constitution.

The bench said it would like to take the assistance of UNHCR and the
Union of India on Babkhanian’s status. Meanwhile, the petitioner has
been asked to apply to his embassy in Delhi for an extension of his
passport. Babakhanian had come to India in 1996 to study in Armenian
College in West Bengal. In 2001, the State police prosecuted him for
overstaying. Although the two-year sentence ended in 2003, Babkhanian
continued to be incarcerated.

The Hindustan Times is provided through HT Syndication, New Delhi.