The state government has moved an application challenging a sessions court order which permitted Nooriya Haveliwala to travel abroad.
On January 30, 2010, Haveliwala, a beautician, allegedly drove her SUV into a police check-post in Marine Lines, killing a policeman and a motorcyclist. She had tested positive for alcohol and drugs and was charged for culpable homicide not amounting to murder and under sections of the Motor Vehicles Act and NDPS Act. The special NDPS court had permitted Haveliwala to travel to the US and Dubai from May 16 to June 10. The government has sought the quashing of the order on grounds that the US national might abscond or flee.
“There is a likelihood of Nooriya absconding and fleeing away from the clutches of law and not returning to face trial. There is no extradition treaty between the US and India,” the petition stated. Haveliwala’s lawyer told the vacation bench of justice AM Thipsay that she will be leaving on Wednesday.
The government’s petition points out that the sessions court order was given without hearing the state, the Foreigners Regional Registration Office (FRRO) and the deputy commissioner of police, special branch.
The FRRO had, in October last year, issued a six-point restriction prohibiting Haveliwala from leaving the city after she got bail. Haveliwala had challenged the FRRO’s restriction in the high court which is still pending. The state says that the trial against Haveliwala has begun and nine out of 35 witnesses have been examined so far. The petition will be heard on Friday.