State moves HC,says legal holes in Nooriya being allowed to travel to US,Dubaihttps://indianexpress.com/article/cities/mumbai/state-moves-hc-says-legal-holes-in-nooriya-being-allowed-to-travel-to-us-dubai/

State moves HC,says legal holes in Nooriya being allowed to travel to US,Dubai

The state government on Thursday moved the Bombay High Court against an order by the special Narcotic Drugs and Psychotropic Substances court that had permitted Colaba-resident Nooriya Haveliwala,accused in a case of drink driving in which two persons were killed in 2010,to travel to USA and Dubai.

The state government on Thursday moved the Bombay High Court against an order by the special Narcotic Drugs and Psychotropic Substances (NDPS) court that had permitted Colaba-resident Nooriya Haveliwala,accused in a case of drink driving in which two persons were killed in 2010,to travel to USA and Dubai.

The special NDPS court had allowed Haveliwala,who was released on bail in April 2010,to travel to USA and Dubai.

Additional public prosecutor Madhavi Mhatre told in the court that the state government was strongly opposed to the order that permitted Haveliwala to travel abroad while her trial in the hit-and-run case was still pending before the court. In the trial before the special court,nine out of the 35 witnesses in the case have been examined.

The government contended that the order permitting her to leave the country was passed without issuing notice to the prosecution or calling for a reply either from the investigating agency or the Foreign Regional Registration Office (FRRO). “There is likelihood of Nooriya absconding and fleeing away from the clutches of law and not returning to face trial. There is no extradition treaty between USA and India,” the state government’s petition before the High Court states.

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According to the government petition,the FRRO and Deputy Commissioner of Police,Special Branch,had,in October last year,issued a six-point restriction order prohibiting Haveliwala,a US-national,from leaving the city. The restriction was issued on the apprehension that she may abscond in order to evade trial.

However,Haveliwala’s petition challenging the FRRO’s order is pending before the High Court. In December 2011,the court had come down heavily on the police for issuing the restriction order that ‘overreached’ a court order granting bail to Haveliwala.

Justice A M Thipsay has listed the state government’s petition for hearing on Friday.

On January 30,2010 Haveliwala,allegedly driving her Honda CRV under the influence of alcohol and drugs,mowed down a biker Afzal Ibrahim (35) and police sub-inspector Dinanath Shinde (46) who was on duty examining drivers at Marine Drive.