Antilia explosives scare: NIA gets two more months to file charge sheet

The special National Investigation Agency (NIA) court on Wednesday granted the federal agency two more months to file charge sheet against five accused booked in connection with the Antilia explosives scare case and the subsequent murder of Thane trader Mansukh Hiran

The special National Investigation Agency (NIA) court on Wednesday granted the federal agency two more months to file charge sheet against five accused booked in connection with the Antilia explosives scare case and the subsequent murder of Thane trader Mansukh Hiran.

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The investigation agency sought 90 days extension for filing charge sheet, over and above 90 days from the date of first remand of the accused, under provisions of Unlawful Activities (Prevention) Act (UAPA). In the Antilia scare and murder cases, the period of first 90 days will end on June 10. Hence, NIA had last week moved a plea before the special court, seeking extension to complete the probe and file the charge sheet.

However, the special court on Wednesday granted NIA extension of 60 days and said, “There are many aspects in which investigation is carried out. Because of the complicity of the matter, it requires more time for thorough investigation. The tentacles of the investigation are deep rooted; hence, it requires more time to search out each and every cause.”

NIA, in its application, claimed that the possible involvement of a terrorist organisation, Jaish-ul-Hind, and its alleged demand for money from industrialist Mukesh Ambani need a deeper probe.

The plea was opposed by defence advocates Sudeep Pasbola for Sachin Vaze and Vaibhav Baghade for Sunil Mane who claimed the charges of UAPA are not applicable in the case. The defence argued that the prosecution submitted the progress report in the sealed envelope which was not provided to them. The lawyers argued that the accused must know the reason for detention or extension of custody period as part of fundamental rights.

NIA had, however, claimed that the report was based on confidential information, and therefore the court refused to share the report with defence lawyers.

While objecting to the extension, Pasbola argued that gelatin sticks cannot explode without a detonator and hence there was no actual threat to the society. He added that the accused has always co-operated with the investigating agency and all the articles are already recovered and nothing was left to be investigated. “There was no conspiracy about terror and in absence of the intention, there is no conspiracy or intent to terror,” Pasbola argued.

He further submitted that there must be progress in investigation but it has not found any place in the application.

Baghade argued that analysis was not an investigation and further contended that the prosecution has not complied with provisions related to UAPA and Criminal Procedure Code while seeking extension to file the charge sheet.

Baghade argued that his client, Sunil Mane, had no role in the Antilia case but his role is shown only in the subsequent murder case. In view of this, he argued that UAPA charged were not applicable in his case.

On February 25, a Mahindra Scorpio was found abandoned near Antilia, industrialist Mukesh Ambani’s south Mumbai residence, with 20 loose gelatin sticks and a threatening note addressed to the businessman. A case was registered with Gamdevi police station on the same day.

Vaze was originally in charge of the investigation but was removed after reports emerged of his links with Hiran, the owner of the SUV, who had reported it stolen on February 17. On March 5, Hiran was found dead in a creek near Mumbra. It subsequently emerged that Vaze had borrowed the car from Hiran in November and returned it in early February.

NIA took over the explosives case on March 8 and the murder case on March 24.

To contain the damage, the Maharashtra government transferred Mumbai Police commissioner Param Bir Singh for his alleged management of the case. The police officer subsequently wrote a letter to the chief minister, alleging that the then home minister Anil Deshmukh had instructed Vaze and some other Mumbai Police officers to extort ₹100 crore from bars, restaurants, and hookah parlours, and when no action was forthcoming, approached the courts.

The Bombay HC eventually asked the Central Bureau of Investigation (CBI) to conduct a preliminary inquiry into the matter, prompting Deshmukh’s resignation. Accordingly, CBI conducted the preliminary inquiry and registered an offence against Deshmukh on April 21.