Case Explained:This article breaks down the legal background, charges, and implications of Case Explained: NIA opposes former Mumbai Police officer Sachin Waze`s discharge plea says `he is directly involved in case` – Legal Perspective
Sachin Waze was arrested in March 2021. File Pic
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The National Investigation Agency (NIA) has opposed the discharge plea submitted by former Mumbai Police officer Sachin Waze in connection with the Antilia bomb scare and the murder of businessman Mansukh Hiren, asserting that he was “directly involved in the commission of the crime”, reported the PTI.
In its detailed 145-page written reply, the agency emphasised that the offences allegedly committed by Waze and his co-accused form part of a wider criminal conspiracy and are “extremely serious” in nature. The NIA rejected all claims made in Waze’s discharge application and urged the court to consider the gravity and seriousness of the charges while adjudicating the matter, the news agency reported.
According to the NIA, the arguments put forward by Waze lack merit and do not constitute valid legal grounds. It stated that the plea is “devoid of merits” and should be dismissed outright. The agency further maintained that, based on the facts and circumstances of the case, it is “crystal clear” that Waze had a direct role in the alleged offences.
Involved in multiple grave offences
The NIA alleged that Waze, along with other accused individuals, was involved in multiple grave offences, including conspiracy to commit a terrorist act, execution of a terrorist act, membership of a terrorist gang, kidnapping or abduction with intent to murder, the murder of Mansukh Hiren, and destruction of evidence. The agency asserted that a prima facie case exists against the former officer, making him ineligible for discharge, according to the PTI.
Court urged to reject plea and frame charges
The investigating agency has requested the court to dismiss Waze’s discharge application with costs in the interest of justice. It has also called for formal charges to be framed against him and his co-accused, citing sufficient evidence to proceed with prosecution, as per the PTI.
In his plea, Waze argued that the proceedings against him suffer from a lack of jurisdiction and are therefore null and void in the eyes of the law. He contended that provisions of the NIA Act were invoked arbitrarily without the necessary “subjective satisfaction” regarding the gravity of the alleged offences. A significant portion of his application also questioned the validity of sanctions granted for prosecution under anti-terror legislation.
Background of the case
On February 25, 2021, an explosives-laden SUV was discovered near âAntilia’, the Mumbai residence of industrialist Mukesh Ambani, triggering a major security scare. Days later, on 5 March 2021, Mansukh Hiren – who had been in possession of the vehicle – was found dead in a creek in neighbouring Thane under suspicious circumstances, reported the PTI.
Sachin Waze was arrested in March 2021 for his alleged involvement in both the bomb scare and the subsequent murder case. He remains in judicial custody as legal proceedings continue.
(with PTI inputs)