The Bombay High Court has denied a habeas corpus petition from former Mumbai Police officer Sachin Waze, upholding the legality of his arrest and remand by the National Investigation Agency (NIA) in connection with the Antilia terror scare case. Justices Sarang V. Kotwal and S.M. Modak concluded that Waze’s plea lacked merit.
Waze was detained on March 13, 2021, following the discovery of an explosives-laden vehicle near industrialist Mukesh Ambani’s residence, as well as the murder of businessman Mansukh Hiren.
In his defense, Waze claimed his arrest was invalid due to the absence of consent from the State Government, asserting that he was fulfilling his duties as the investigating officer in the case.
The court dismissed this claim, stating, “By no stretch of imagination can it be said that the petitioner was acting or purportedly acting in the capacity of his official duties when he planted that vehicle at Carmichael Road or engaged in the conspiracy to murder Mansukh Hiren.” The judges further stated, “We do not find any substance in this submission that the NIA should have obtained consent from the State Government before effecting his arrest.”
Waze’s legal team contended that there was no judicial order remanding him to custody between September 3, 2021, when the charge sheet was submitted, and September 7, 2021, when cognizance was taken, which they argued rendered his detention unlawful.
The court refuted this assertion, referencing Supreme Court precedents that confirm an accused remains in judicial custody after a charge sheet is filed until cognizance is officially taken.
Waze’s petition also questioned the jurisdiction of the Special NIA Court regarding his initial remand. The High Court reaffirmed that the Special Court holds jurisdiction over offenses under the Explosive Substances Act.
Ultimately, the bench rejected Waze’s petition, concluding, “Considering all these aspects and the above discussion, we are of the opinion that no relief can be granted,” while emphasizing that the trial court will address the matter based on its merits at the appropriate time.
