A special court that on Tuesday rejected the bail application of dismissed Assistant Police Inspector Riyazuddin Kazi in the Antilia bomb scare - Mansukh Hiran murder case, has said in its detailed order that he aided and abetted in the commission of offence under Unlawful Activities (Prevention) Act (UAPA).
The National Investigation Agency (NIA) has alleged he conspired with the main accused and dismissed policeman Sachin Vaze, arranged fake number plates and destroyed CCTVs that captured Vaze’s movements while committing the crime.
Kazi, who served as the main accused Sachin Vaze’s subordinate at the Criminal Intelligence Unit (CIU) of the crime branch, had claimed bail on the grounds that he was he was only following orders of his superior Vaze who was heading the CIU then and that he had no knowledge of the reasons for Vaze’s orders.
Special NIA Judge AT Wankede pointed out in the order that Kazi had collected articles such as DVRs and CPU without documentation and following procedure as ensuring presence of independent witnesses during seizures. Being a responsible officer, it was his duty to follow procedure. It said that prima facie the only intention that can be gathered from the seizure of these articles is to destroy the entire evidence…performing such acts cannot be part of the duty of the accused. Prima facie it appears the applicant gave a go by to all procedures in order to destroy evidence, it said.
It also pointed out that Kazi merely watched as Vaze put material collected as part of probe into the bomb scare case (investigated then by Vaze then) into the Mithi river. It noted that knowing well that they are material collected in connection with the case, he did not oppose it. “The applicant was having every knowledge about the involvement of accused no. 1 Sachin Waze in the bomb scare/terrorist act. Still, conspired with him to destroy the articles,” the court said.
Judge Wankhede said from his previous and subsequent conduct, it prima facie appears that he had knowledge of the main purpose of the conspiracy hatched…ultimately the applicant aided and abetted for the commission of offence under UAPA Act.
