The police are satisfied over the conviction of Nooriya Haveliwala particularly because the sessions court held her guilty for culpable homicide not amounting to murder under section 304-II of the Indian Penal Code. Haveliwala’s lawyer had earlier argued to change that charge to causing death by negligence as in section 304A of the IPC.
“When a person consumes drugs or alcohol by his own choice, he knows the danger it poses to him and to others. This is not simple negligence. Therefore, he should be booked under section 304- II,” said Himanshu Roy, joint commissioner of police (crime). “We are happy that the conviction has taken place under section 304-II and not under 304A.” Roy was joint commissioner of police (law and order) at the time of the accident in January 2010.
A medical test suggested that Haveliwala was under the influence of drugs and alcohol.
Roy expressed his happiness that the Mumbai police’s campaign against drunk driving had created awareness about the risks and brought about some discipline among youngsters.
“These days, youngsters are aware about the consequences of drinking and driving,” Roy said. “It is a good thing nowadays that people think twice before drinking and driving. People choose to get their driver to drive them back, or one among the group will not drink as he has to drive.”
He was hopeful that this conviction would serve as a deterrent especially for young people and help them realise how a split-second mistake could land one into severe trouble. “Youngsters should take this case as an example to avoid such incidents that are not good for them,” Roy said.
Roy also expressed satisfaction over the investigations by the LT Marg police. “Based on the evidence they provided before the court, we got the conviction,” he said.