NIA Court Denies House Arrest Option To Dismissed Cop Sachin Waze In Antilia Bomb Scare Case

While the National Investigation Agency investigating the case opposed Waze's prayer for house arrest and said he could be kept at the state-run government hospital instead, till he is fit.

Special Judge AT Wankhede had directed the private hospital not to discharge Waze till today and passed the order after hearing arguments from Waze and the NIA. Waze will be kept in the prison hospital cell although he will be allowed home food. The judge has also noted that he can be taken to JJ Hospital when the need arises.

On Wednesday, Advocate Rounak Naik for Waze highlighted the poor prison conditions which Waze would have to go back to if he was denied relief. He said that any prayer by an accused would have to pass through one test, 'what prejudice is caused to the other side?' And in this case, no prejudice would be caused to the NIA, he said.

Irrespective of the allegations against him, the court must adopt a humanitarian approach considering his ill health, Naik argued.

Referring to Waze's earlier statement that he did not want to die like Jesuit priest Stan Swamy, Naik claimed it was not something Waze had 'just said' but he really feared for his life.

"After a person dies we try to fix responsibility, which happened in Stan Swamy's case I don't want it to happen to my client," Naik said, adding that they were ready to fund police officers for Waze's security if he is kept under house arrest.

In their reply to Waze's plea, NIA said that seeking house custody was as good as seeking interim bail. Special Public Prosecutor Sunil Gonsalves argued there was no guarantee the accused who is charged with serious offences, would not abscond. They said he would have access to his family and personal belongings in the house.

"It is submitted that great prejudice would be caused to the case of the prosecution as there is every possibility that the applicant accused (Waze) will abscond if house arrest is granted," the NIA said, adding that Taloja jail was aided with all modern facilities to take care of Waze's health.

However, during the hearing, Gonsalves conceded that Waze could be kept at the state-run Sir JJ Group of Hospitals, in south Mumbai till he recovers.

The Case

The case pertains to the recovery of 20 gelatine sticks (explosives) and a threat note in a Mahindra Scorpio vehicle near industrialist Mukesh Ambani's house on February 25, and the subsequent murder of businessman Mansukh Hiran.

Waze was arrested in the case on March 13. His pleas for default bail have repeatedly been rejected by the court.

Waze used extortion money he collected from bar and orchestra owners to execute the terror threat to businessman Mukesh Ambani's family and eliminate Mansukh Hiran, a "weak link" in the conspiracy, the NIA alleged in its charge sheet earlier this month.

The agency claimed that the motive behind Waze's alleged crime was to re-establish himself as a "super cop" to regain lost glory following his reinstatement in the Mumbai Police force in 2020, after 16 years.

The NIA has accused Waze and 9 others under sections 302(murder), 120B (conspiracy), 201 (destruction of evidence), 364 (kidnapping), 403 (dishonest misappropriation of property) of the IPC and sections 16(punishment for a terrorist Act), 18(punishment for conspiracy) & 20(punishment for being a member of a terrorist gang) of UA (P) Act.

Case Title: Sachin Hindrao Waze v. NIA