The National Investigation Agency (NIA) is challenging Sachin Waze's attempt to be discharged from the Antilia bomb scare case, alleging his direct involvement in the crime and highlighting the severity of the charges against him.
Key Points
- The NIA opposes Sachin Waze's discharge plea, asserting his direct involvement in the Antilia bomb scare and Mansukh Hiren murder case.
- The NIA claims Waze and his co-accused committed serious offences, including conspiracy to commit a terrorist act and murder.
- Waze's application argues the NIA Act was invoked arbitrarily and lacks valid sanctions for prosecution under the anti-terror Act.
- The case involves an explosives-laden SUV found near Mukesh Ambani's residence and the subsequent death of businessman Mansukh Hiren.
The NIA has opposed former policeman Sachin Waze's discharge plea in the Antilia bomb scare and businessman Mansukh Hiren murder case, saying he is "directly involved in commission of crime".
The offences committed by Waze and his co-accused as part of the larger conspiracy are extremely serious in nature, the National Investigation Agency said in its 145-page written response.
The NIA denied all the averments made by the Waze in his discharge plea and urged the court to take into consideration the seriousness and the gravity of offences involved in the case.
The grounds raised by Waze "are not cogent and valid grounds, much less legal ground, as such the same are devoid of merits and liable to be dismissed", the NIA said.
The NIA added that, from the facts and circumstances of the case, "it is crystal clear" that Waze was directly involved in the crime.
"He along with his co-accused persons committed offences punishable for the act of conspiracy to commit a terrorist act, commission of terrorist act, member of a terrorist gang, kidnapping or abducting for murder, murder of Mansukh Hiran, destruction of evidence'¦." the probe agency claimed.
"There is a prima facie true case against the former policeman. Therefore, he is not entitled for any discharge," NIA said. It urged the court to reject the discharge application, with costs, in the interest of justice and frame charges against him and his co-accused.
Waze's Defence and NIA's Response
Waze's application has contended that proceedings against him suffer from a "want of jurisdiction" and are "null and void" in the eyes of the law.
Waze's contention is that the NIA Act has been invoked arbitrarily without requisite "subjective satisfaction" regarding gravity of offences. A major chunk of Waze's application dwelled upon lack of valid sanctions for prosecution under the anti-terror Act.
Background of the Case
On February 25, 2021, an explosives-laden SUV was found near industrialist Mukesh Ambani's residence 'Antilia' in south Mumbai.
Businessman Hiren, who was in possession of the SUV, was found dead in a creek in neighbouring Thane on March 5, 2021.
Waze, who was arrested in March that year for his alleged role in the case, is currently in judicial custody.
