Mumbai, March 30 The NIA has opposed the plea by former police officer Sachin Waze to be discharged in the Antilia bomb scare and the murder of businessman Mansukh Hiren case, stating that he is "directly involved in the commission of a crime."
The offenses committed by Waze and his co-accused as part of the larger conspiracy are extremely serious in nature, the National Investigation Agency said in its 145-page written response.
The NIA denied all the allegations made by Waze in his discharge plea and urged the court to consider the seriousness and gravity of the offenses involved in the case.
The arguments raised by Waze "are not valid and legally sound, much less cogent, therefore, they lack merit and should be dismissed," the NIA said.
The NIA added that, from the facts and circumstances of the case, "it is clear" that Waze was directly involved in the crime.
"He, along with his co-accused, committed offenses punishable for the act of conspiracy to commit a terrorist act, the commission of a terrorist act, being a member of a terrorist gang, kidnapping or abducting for murder, the murder of Mansukh Hiran, and the destruction of evidence," the investigating agency claimed.
"There is a prima facie true case against the former police officer. Therefore, he is not entitled to any discharge," the NIA said. It urged the court to reject the discharge application, with costs, in the interest of justice, and to frame charges against him and his co-accused.
Waze's application has contended that the proceedings against him suffer from a "lack of jurisdiction" and are "null and void" in the eyes of the law.
Waze's contention is that the NIA Act has been invoked arbitrarily without the requisite "subjective satisfaction" regarding the gravity of the offenses. A major part of Waze's application focused on the lack of valid sanctions for prosecution under the anti-terror Act.
On February 25, 2021, an SUV loaded with explosives 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, who was arrested in March that year for his alleged role in the case, is currently in judicial custody.