NIA Invokes UAPA In Ambani Bomb Scare Case :Thane Court Directs ATS To Transfer Papers To NIA
The Chief Judicial Magistrate in Thane has directed the Anti -Terrorism Squad not to proceed with their investigation in the Mansukh Hiren murder case and handover all case-related documents to the National Investigating Agency. CJM PP Ingale observed that the Central Government has given directions to the NIA under Section 6 and 8 of the NIA Act to investigate this crime as it...
The Chief Judicial Magistrate in Thane has directed the Anti -Terrorism Squad not to proceed with their investigation in the Mansukh Hiren murder case and handover all case-related documents to the National Investigating Agency.
CJM PP Ingale observed that the Central Government has given directions to the NIA under Section 6 and 8 of the NIA Act to investigate this crime as it concerned with a scheduled offence.
"Hence in the present circumstances police officer of ATS shall not proceed with the investigation in this crime and transmit all relevant documents and records to the concerned office of NIA without delay.The record proceedings, case documents, material objects/articles/ properties and miscellaneous case papers of ATS Crime No. 12/2021 of Police Station ATS is hereby transferred to Hon'ble Special NIA Court," CJM PP Ingale ruled on the application filed by the NIA.
Meanwhile, the NIA, which is separately investigating the bomb scare near industrialist Mukesh Ambani's residence, added section 16(Punishment for terrorist act) and 18(Punishment for conspiracy) of the UAPA Act against suspended API Sachin Waze.
Arguments
Additional Solicitor General Anil Singh appeared on behalf of NIA in the CJM's court and submitted that according to subsection 5 r/w section 6 r/w section 8 of the NIA Act of 2008, the Central Government has transferred the investigation into Hiren's death to them.
He sought for a direction to be given to the State Government and ATS, not to proceed with the investigation. He cited four judgements to support his contentions.
Counsel for the ATS, APP Supare said that there is no direction from the state government to transfer the investigation.
However, the judge noted that the ATS has admitted that the Central Government transferred the case on March 20 to NIA, which was communicated to the DGP on March 22. A letter was also sent to the ATS office.
Background
On February 25, an explosive-laden Scorpio car was found near Antilia, industrialist Mukesh Ambani's house on Altamont Road in South Mumbai. The car contained 20 gelatine sticks (explosive) and a threat letter inside. The case was being investigated by Sachin Waze and his team at the Crime Branch, Mumbai.
Then, Mansukh Hiren, the man who was using the car, and had claimed it was stolen a week earlier, was found dead in a creek in Thane on March 5. Hiran's wife blamed Waze for her husband's death.
Two FIRs were registered; the first regarding the explosives found and the second in connection with Hiren's murder. The ATS was investigating both cases.
However, the explosives case was transferred to NIA. The agency immediately arrested police officer Sachin Waze in the explosives case on March 13 and a special NIA Court remanded him to their custody till March 25.
NIA has registered an FIR u/s 286 (Negligent conduct concerning explosive substances), 465 (Punishment for forgery), 473 (making or possessing counterfeit seal), 506 II (punishment for criminal intimidation) of the Indian Penal Code and u/s 4(a)(b)(i) of the Explosive Substances Act (Punishment for attempt to cause an explosion, or for making or keeping explosive with intent to endanger life or property). The agency on has now added stringent sections of the UAPA Act as well against Waze.
On Saturday, Mansukh Hiren's death case was transferred to NIA.