‘Is she a terrorist? Has ATS found something against her’
In a major reprieve to Nooria Haveliwala, an Overseas Indian Citizen (OIC) accused of killing two persons while driving drunk, the Bombay high court on Friday set aside an order restricting her movements to the limits of Mumbai city district.mumbai Updated: Jun 18, 2011 01:48 IST
In a major reprieve to Nooria Haveliwala, an Overseas Indian Citizen (OIC) accused of killing two persons while driving drunk, the Bombay high court on Friday set aside an order restricting her movements to the limits of Mumbai city district.
On January 30, 2010, Colaba resident Nooria Haveliwala crashed her Honda SUV into a stationary traffic police vehicle, a motorcycle and a taxi. Two people died in the accident.
“Is she a terrorist? Has the ATS (anti-terrorist squad) found something against her?” questioned the division bench of justice BH Marlapalle and justice UD Salvi, adding, “There must be some alarming reason, such an order can’t be passed just for the heck of it.”
The 29-year-old make-up artist challenged the order issued by deputy commissioner of police, special branch in capacity of the foreigner’s regional registration office (FRRO) on April 1, 2011.
The order had restricted her movements to Mumbai city district limits: from south Mumbai to Mahim, citing apprehension she might flee to evade the pending trial. Assistant public prosecutor Madhavi Mhatre contended the order was passed in order to secure her presence before the trial court. The prosecutor further pointed out that Haveliwala was involved in an accident in which two persons, including a police officer, were killed, and she was allegedly under the influence of alcohol and some drugs at the time.
“So, only because a police officer died in the accident, you have passed this order,” the judges commented.
Haveliwala’s counsel, Ashwin Thool, contended that the court had obtained a fresh bond of Rs15,000 from Haveliwala on May 14, 2010 and her passport as also with it, yet her movements were curbed.
The counsel also pointed out that till date Haveliwala had not reneged on any of her bail conditions.The court accepted his contentions and set aside the order terming it as arbitrary and unreasonable. He also charge the FRRO of curbing her liberty without giving her a proper hearing.
Though the court observed that no such restrictions were required considering the circumstances of the case, it has given the FRRO liberty to initiate fresh proceedings against Haveliwala after issuing appropriate notice to her.