Sachin Vaze’s kin moves Bombay HC, says ex-cop’s arrest by NIA is illegal

Vaze was arrested without being served a copy of FIR or informed of the nature of allegations against him, the petition filed by his brother alleged

Sudharm Vaze, the brother of suspended Mumbai Police assistant inspector Sachin Vaze, has moved a habeas corpus petition in the Bombay high court (HC), claiming that the former cop’s arrest by the National Investigation Agency (NIA) on March 13 was illegal and unlawful. Sudharm’s petition stated that though Sachin Vaze had cooperated with the central agency, he had been detained without following the due procedure established by law, and hence, he should be brought before HC, and NIA should justify the detention.

Sachin Vaze was arrested on March 13.  (HT File)

The petition filed through advocate Sunny Punnamiya has averred that Sachin Vaze has been an upright and law-abiding officer working with the Mumbai Police for 17 years but was made a scape goat by some political powers, based on the allegations of Vimla Hiran, the wife of Thane businessman Mansukh Hiran who was found dead in a Mumbra creek on March 5.

Following the discovery of Hiran’s body, his Vimla had approached the anti-terrorism squad (ATS), which was investigating the case of the explosive-laden car found outside the residence of industrialist Mukesh Ambani. The car belonged to Mansukh Hiran. Vimla told ATS that she suspected that her husband was murdered. After a case of murder was registered against unknown persons, Vimla started spreading false and baseless allegations against Sachin Vaze, the petition by Sudharm alleged. It further stated that NIA also registered a first information report (FIR) against unknown persons the very next day.

In his petition, Sudharm claimed that due to Vimla’s allegations, Vaze anticipated his arrest and hence approached the sessions court for anticipatory bail, but it was rejected on March 12. The next day, Vaze was called for interrogation by NIA, which he duly obliged to, though he was not served a notice under section 41 (a) of the Criminal Procedure Code (CrPC).

Sudharm further claimed that during the interrogation, his brother cooperated with NIA investigators, and gave them all the corroborative pieces of evidences. Yet, following 10 hours of interrogation, Vaze was arrested without being served a copy of FIR or informed of the nature of allegations against him. He was also not allowed to speak to his lawyers or family which was a violation of his fundamental rights, claimed the petition.

The plea further stated that just before his arrest, Vaze had sent a WhatsApp message to his family, in which he had mentioned that he may be trapped by his fellow officers, and that he may not survive the ordeal.

“The haste in which the petitioner’s brother was arrested, clearly shows some ulterior motives and huge political influence and interference with the sole intent to use the petitioner’s brother as a scapegoat to further certain political agendas of some big interested parties. The petitioner’s fundamental rights have been severely violated and the petitioner fears for his brother’s life and limb, as the respondent officers can go to any extent to extract an illegal and false confession from the petitioner’s brother,” the petition further stated.

In light of these averments and the fact that proper procedure was not followed by NIA officers while detaining and arresting Vaze, the petition prays for directions to NIA to produce his brother before the court and justify his detention in accordance with the procedure established by law, and after hearing the parties, to set him free.

According to Punnamiya, the petition has been numbered, and will be mentioned before the appropriate bench on Tuesday for an early hearing.