Haveliwala stays confined to Mumbai

Bombay High Court dismissed on Friday a petition by Nooriya Haveliwala (29), accused in a case of drunk driving in which two people were killed in 2010, challenging an October 13, 2011, order by Foreigners Regional Registration Officer (FRRO) and DCP Special Branch II confining her to Mumbai.

Justices A M Khanwilkar and A R Joshi said the order by police, who feared Haveliwala might flee, could not be faulted.

HC said though Haveliwala's passport had been seized by the trial court, the possibility of her fleeing the country could not be ruled out as she may have more than one passport.

Haveliwala, who got bail on April 1, 2010, was first restrained by FRRO on April 12, 2010.

On June 16, 2011, HC quashed the order issued without a show-cause notice.

However, in case of the restraining order issued on October 13, 2011, it said the authorities had not only issued a notice to Haveliwala but also provided reasons for restraining her.

"As is held by the apex court, the power (of the authority) is absolute and unfettered for regulating entry and stay of foreigners in India, which includes regulating their movement. That would become imperative in matters where a foreigner is involved in commission of a serious cognizable offence," the court said.

Haveliwala's contention that she had spent substantial part of her childhood in India failed to convince the judges. "The fact that the foreigner is staying in India for a long time or has deep roots in society cannot enure higher rights in him than any other foreigner staying in India for a brief period."

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