Antilia bomb scare case: HC bench recuses in NIA's appeal against bail granted to Sachin Waze

MUMBAI: In a second recusal in two consecutive days, Bombay high court division bench of Justices Bharati Dangre and Ashish Chavan on Wednesday recused themselves from hearing an appeal filed by National Investigation Agency (NIA) to the bail that special trial court granted on Tuesday to dismissed police officer Sachin Waze in the five year old Antilia bomb scare and Mansukh Hiran murder case under the anti-terror law—UAPA.

When the matter came up, Justice Dangre asked if Waze was released or not as yet. Additional Solicitor General Anil Singh for NIA said Waze was not released.

Waze has spent 1,999 days in custody.

On Tuesday, HC division bench of Justices Sarang Kotwal and RR Bhonsale had recused itself when the ASG had mentioned the challenge and sought urgent hearing.

Justice Dangre then said she had earlier passed a reasoned order in a matter where “this very person’ (Waze) was a co-accused along with a former minister. The ASG said this was not a connected matter.

Justice Dangre said “It is not that it is completely independent’’ since Waze is the accused in the present case too. Justice Dangre said to the ASG, “We understand and appreciate your inconvenience’’ and expressed regret that the matter would now have to be placed before another bench.

Justice Dangre said she had earlier already --in September 2024--recused and directed that Waze’s matter in the NIA case not be placed before a bench where she is a party.

Her 2024 order was in a plea filed by Waze to quash the proceedings against him.

Justice Chavan—who was appointed as Judge last year--too recused saying he had as a lawyer appeared for the Central Bureau of Investigation (CBI) in a distinctly connected matter.

On Feb 25, 2021, an explosives-laden SUV was found near Antilia in south Mumbai. The NIA alleged that Waze orchestrated the plot to extort wealthy individuals and project himself as a “super cop” after returning to the police force from a long suspension. According to the agency, Waze used a Scorpio owned by Mansukh Hiran, fabricated theft proceedings, and planted gelatin sticks and a threat note in the vehicle. Hiran was allegedly murdered on March 4, 2021, because he knew of the conspiracy and could expose it. Waze was arrested later that month.

On Tuesday, special NIA court judge Chakor S Baviskar granting bail to Waze had held that there was “absolutely nothing on record” to infer that industrialist

Mukesh Ambani or his family were ever terrorized.

The NIA had alleged that Waze intended to create fear in the Ambani family, possibly to extort money. The court called this “quite hypothetical”, saying there was “literally no iota of material” to show any demand for money by Waze from the Ambanis.

The judge observed that the SUV containing gelatin sticks was parked near Shikharkunj building on Carmichael Road, and not directly opposite Antilia on Altamount Road. It said the distance between the two spots was considerable, with several buildings in between. “Hence, even the threat to the alleged target does not carry that much weight so as to create terror in their or anyone’s mind,” the judge said.

The court observed that the day-to-day business of the Ambanis did not appear to have been disturbed “even for a minute” after the incident. The court said there was nothing to show whether any member of the family even came to know that an explosives-laden vehicle had been parked near their residence. It also pointed out that no member of the Ambani family had lodged a complaint or given a statement during the investigation.

Questioning NIA’s probe, the trial court said, “No one knows which Muhurat the investigating agency is waiting for to record statements of any of the targets of the alleged terror, after such a long gap of 5-6 years,” the court said. It added that the failure to record statements of the alleged targets was “precarious to the credibility of the prosecution case”.

The NIA office is “literally just wall to wall adjacent” to Antilia the trial Judge said adding “this lassitude has to be seen with great pity and compassion”.

In its appeal against the bail, NIA before the HC said the bail order was “eeroneous and ilegal’’ passed without going into detailed facts and circumstances and is “completely misplaced both, on facts and law.’’

The NIA says, the special NIA court “completely ignored the rigours of section 43 D of the Unlawful Activities (Prevention) Act while granting bail to the main accused (Waze) whose role is ‘central’ in character to the terror crime of this case.’’

The NIA in its appeal said the “very substratum of the prosecution case is that, Waze after his reinstatement in police service after a long suspension, wanted to regain his clout’’ More over he was under the compelling circumstances to collect Rs 100 crore per month from hoteliers and bar owners in Mumbai and territory, and in that process, he intended huge monetary gain for himself also and for that hatched a criminal conspiracy with other accused in this case and committed all the alleged offences.’’

The NIA will now seek assignment of a fresh bench where it can make its submissions to seek cancellation of Waze’s bail.