Drink driving case: HC raps police over curbs on accused’s movement
Nooriya Haveliwala, accused of killing two people last year while allegedly driving drunk, got some relief from the Bombay high court on Thursday, when it ticked off the Foreign Regional Registration Office (FRRO) and the police for imposing restrictions on her movement.mumbai Updated: Dec 02, 2011 01:45 IST
Nooriya Haveliwala, accused of killing two people last year while allegedly driving drunk, got some relief from the Bombay high court on Thursday, when it ticked off the Foreign Regional Registration Office (FRRO) and the police for imposing restrictions on her movement.
Haveliwala had moved the court challenging a six-point restriction order passed against her last month by the FRRO and the Deputy Commissioner of Police, Special Branch II. The order prevented Haveliwala, a US-national, from leaving the city on the apprehension that she may evade trial. A division bench of justice AM Khanwilkar and justice Rajesh Ketkar, on Thursday, said that Haveliwala had been granted bail by a court, and the FRRO's order was thus, an overreach. The judges stated that if the police felt that she was likely to evade trial, they should have sought cancellation of Haveliwala's bail by following due process of law. “There is a way of doing it. At least respect the court's order,” justice Khanwilkar said.
The FRRO's order further stated that the nature of the offence allegedly committed by Haveliwala affects the moral fibre of adult society and poses a threat to life and movement of innocent people. “As if drunken driving is not committed by Indian citizens,” justice Khanwilkar remarked.
“You are putting it on moral ground. It is a co-incidence that one of the persons who died was a policeman. Are cases of drunken driving pre-planned,” justice Khanwilkar asked.
Haveliwala's lawyer Ashwin Thool had submitted that since Haveliwala's passport was deposited with the special court there was no chance of her leaving the country. Additional public prosecutor AS Gadkari told the court that the state would consider the court’s suggestion of challenging the special court's order granting bail to Haveliwala.
On January 30, 2010, two persons including a policeman, died when the car Haveliwala was driving ploughed into a police check post at Marine Drive. She tested positive for alcohol and drugs.