HC dismisses Sachin Waze’s petition challenging his arrest by NIA

Waze had filed a petition on April 24, 2024, for relief from his alleged unlawful detention, stating that the extension of his remand was procedurally violated, and his arrest in the case was illegal.

MUMBAI: The Bombay high court on Thursday dismissed former Mumbai police officer Sachin Waze’s petition challenging his arrest in connection to the Antilia explosives scare and seeking immediate release from jail, claiming his arrest by the National Investigation Agency (NIA) was illegal.

Mumbai: Mumbai Cop Sachin Vaze after being produced by National Investigation Agency (NIA) in a court following his arrest, in connection with a probe into the recovery of explosives from a car parked near industrialist Mukesh Ambani's house, in Mumbai, Sunday, March 14, 2021. (PTI Photo/Mitesh Bhuvad)(PTI03_14_2021_000098B) (PTI)

Waze had filed a petition on April 24, 2024, for relief from his alleged unlawful detention, stating that the extension of his remand was procedurally violated, and his arrest in the case was illegal.

He added that no prior sanctions were obtained from the Centre as per the requirements underlined in the guidelines issued by the state government, which highlights the procurement of sanctions before arresting a member of the armed forces. “Absence of a valid sanction to my arrest marks the lack of jurisdiction to authorise my detention,” the petition said.

Claiming infringement of his rights, Waze informed the court that his trial has been stalled for over 1,400 days. “The order of authorising my detention to police custody was passed mechanically and in violation of the law. It is also afflicted with vice of lack of jurisdiction, thus rendering the entire continued detention illegal,” the petition stated.

Waze further highlighted that no specific case has been made out by the NIA regarding the veracity of the alleged actions. He pointed out that prior to the matter being handed to NIA, it was investigated by the ATS, and no terrorist act was revealed during the extensive investigation. “The matter was also debated in both houses of the state legislature, but no terrorist act was mentioned during these debates,” he added in his petition.

Advocate Rounak Naik, representing Waze, highlighted that consent from the state government was not taken before arresting him. He also pointed out that Waze was the Investigating officer of the case, for which he was subsequently arrested. “All the acts attributed to him were committed during the performance of his official duty. Therefore, it was necessary to have obtained the consent before his arrest,” he added.

On the other hand, advocate Sandesh Patil, representing the NIA, maintained that all procedural requirements were scrupulously adhered to and highlighted that cognisance of offence was taken with due application of mind.

The division bench of justice Sarang Kotwal and justice SM Modak accepted the arguments advanced on behalf of the NIA and dismissed Waze’s petition, observing that there was no merit in the contention about the requirement of sanction when the act is required to be performed in due discharge of duty.

“In the given set of facts, by no stretch of imagination, it can be said that the petitioner was acting or was purportedly acting in the capacity of his official duties, when he planted that vehicle at Carmichael Road or when he entered into the conspiracy and executed the conspiracy to commit the murder of Mansukh Hiran,” said the bench. “Therefore, 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 was arrested by the NIA on March 13, 2021, for his alleged involvement in parking an explosives-laden SUV near Antilia, the South Mumbai residence of industrialist Mukesh Ambani, with a note threatening to kill the Ambani family members, and the subsequent murder of the SUV owner, Thane-based car accessories shop owner, Mansukh Hiran. Hiran was allegedly killed after he refused to take the blame for parking the vehicle near Ambani’s residence.