Mumbai, March 10 Former police officer Sachin Waze has sought discharge in the Antilia explosives and businessman Hiren Mansukh murder case, arguing that the offenses did not constitute a "terrorist act" under the stringent UAPA for prosecution.
In his application filed before a special NIA court on Monday, Waze contended that the proceedings against him suffer from a "lack of jurisdiction" and are "invalid" in the eyes of the law.
As a police officer, Waze argued that he was "fully aware" that the Ambanis are India's most heavily guarded family, and thus "threatening" them, even with certain low-quality explosives, "is one of the silliest crimes" that he could never have considered committing, the plea stated.
On February 25, 2021, an explosives-laden SUV was found near the residence of industrialist Mukesh Ambani, 'Antilia', in south Mumbai. Businessman Hiren, who was in possession of the SUV, was found dead in a creek in neighboring Thane on March 5, 2021.
Waze was arrested in March 2021 for his alleged role in the case. He is currently in judicial custody.
A major part of Waze's plea focused on the lack of valid sanctions for prosecution under the UAPA.
"The applicant (Waze) most humbly submits that the impugned sanction order, purportedly granted under UAPA, is clearly obtained without proper consideration and is therefore invalid," it stated.
The former police officer asserted that no legal evidence has been presented in the case "to establish that an act of terrorism was committed by anyone".
"It is well-settled law that the consequences of the intended 'terrorist activity' must be such that it requires intervention from ordinary law enforcement agencies to address it under ordinary penal laws," the plea stated.
Waze claimed that there is no legal evidence before the NIA court to show how, when, and by whom the act of terrorism was committed or what the nature of the terrorism committed by anyone.
The plea highlighted that the motive attributed by the NIA was that he "wanted to regain his status as a top detective/encounter specialist" and hence, he conspired with the other accused to park the vehicle near the industrialist's residence.
He, however, pointed out that there was no material on record to suggest that anyone, including the Ambani family members, were in "fear of death" as alleged.
"Even if the prosecution case is assumed to be true, such an act would not constitute an 'act of terror' as contemplated under UAPA," it said.
Notably, Waze was the initial investigating officer of the case before the NIA took over.
The former police officer's discharge application characterized the alleged "Jaish-ul-Hind" Telegram posts and the threat note addressed to the Ambani family as a "hoax".
He further stated that to date, no member of the Ambani family has ever said that they had received such a threat.
The court has directed the prosecution to respond to Waze's plea, and the matter will be heard on March 13.