Mumbai: The Bombay High Court on Friday questioned whether dismissed police officer Sachin Waze would return to service if granted bail in the 2021 Antilia bomb scare and businessman Mansukh Hiran murder cases.
A bench of Justices Girish Kulkarni and Neela Gokhale reserved its order on an appeal filed by the National Investigation Agency (NIA) challenging the bail granted to Waze by a special court last month.
The NIA approached the High Court the day after the bail order and sought an urgent stay. The court granted an interim stay, and Waze continues to remain lodged at Thane Central Prison.
Court questions possible return to service
During Friday’s hearing, the bench referred to Waze’s reinstatement in 2020 after he had remained suspended for 17 years over his alleged involvement in a custodial death case.
“If bail is granted, will he be joining services?” the court asked.
Waze’s lawyer, V M Thorat, submitted that this was no longer possible as his client had been terminated from service following his arrest in the two cases.
Bench questions terrorism charges
The bench also questioned the NIA’s claim that the alleged offence amounted to a terrorist act under the stringent Unlawful Activities (Prevention) Act (UAPA).
“Why is this a terrorist act? Only because there were explosives? How do you connect these explosives to Waze?” the court asked.
Additional Solicitor General Anil Singh, appearing for the NIA, argued that the act constituted terrorism because Waze had allegedly placed a vehicle containing explosives in a public place.
Antilia bomb scare and murder case
On February 25, 2021, an SUV carrying explosives was found near Antilia in south Mumbai. Hiran, who had been in possession of the vehicle before it was allegedly stolen, was found dead in a creek in Thane on March 5. Waze was arrested by the NIA on March 13 that year.
While granting bail, the special court had held that the NIA failed to establish a prima facie case of terrorism against Waze and found no evidence to show that the Ambani family had been terrorised by his alleged actions.
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NIA challenges special court's bail order
The NIA has challenged the order as “illegal and bad in law”, arguing that the special court was “totally wrong” in granting bail despite allegations that Waze intended to create terror and was involved in murder.
Waze has also been granted bail in a separate corruption case being investigated by the CBI and the Enforcement Directorate.
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