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This is an archive article published on February 24, 2010

Nooriya stays in hospital,prosecution asks why

The prosecution in the drunken driving case against Nooriya Haveliwala,involved in an accident that caused two deaths,has sought a report on her “prolong stay” at JJ Hospital,where she has been admitted since February 10.

The prosecution in the drunken driving case against Nooriya Haveliwala,involved in an accident that caused two deaths,has sought a report on her “prolong stay” at JJ Hospital,where she has been admitted since February 10.

“We have asked the investigating officer to find out why she has been hospitalised for such a long time. The hospital has not furnished any medical report on her condition to the court,which ideally should have been given to us by now. We just want to be sure that the defence isn’t using this as a tactic to keep her out of the jail and have got her hospitalised on a false ground,” said special public prosecutor R V Kini.

Haveliwala,charged with culpable homicide,has been admitted to a special room in the gynecology ward rather than the prisoners’ ward. Four policewomen are on guard round the clock. “She is capable of doing things on her own. Her parents come every night to meet her,” said a hospital staff member.

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“According to her reports she has been diagnosed with a pelvic inflammatory disease. It takes more than a week for the inflammation to subside,” said Dr T P Lahane,dean of the JJ Group of Hospitals.

Haveliwala was admitted the day after the police booked her under the Narcotic Drugs and Psychotropic Substances Act. When the police moved the court seeking her custody under the Act,it was turned down on medical grounds.

Her lawyers are arguing a technical aspect of her arrest. “We have provided a list of nearly 15 citations from the Supreme Court touching upon various mistakes that the police made while arresting her. Her arrest was done after sunset and before sun rise,without a lady constable to escort her to the police station. Also,the prosecution’s attempt at gaining custody under the NDPS Act can be argued as she was not found in possession of any drug. Only consumption of drug is a bailable offence,” said defence lawyer Renuka Laxmeshwar.

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