Former Mumbai Police officer Sachin Waze has been granted bail by a Mumbai sessions court in connection with the 2021 Antilia bomb scare and the subsequent Mansukh Hiran murder case. The court found that the National Investigation Agency (NIA) had failed to establish a prima facie case of terrorism against Waze under the stringent Unlawful Activities (Prevention) Act (UAPA).
Special Sessions Judge Chakor S Baviskar observed that there was no evidence on record to suggest that industrialist Mukesh Ambani or his family were ever terrorized by Waze's alleged actions. The judge pointed out the NIA's extensive delay in recording statements from the alleged targets of the conspiracy, remarking, "No one knows which 'Muhurat' (auspicious time) the Investigating Agency is waiting for to record statement of any of the targets of the alleged terror, after such long gap of 5-6 years already lapsed after the incident of parking of the explosive."
Court Questions NIA's Terrorism Claims
The court further highlighted that the gelatin sticks found in the SUV parked near Antilia, the Ambani residence in south Mumbai, lacked detonators. This rendered the explosives useless, thus not constituting the 'means' required to define a 'terrorist act' under Section 15 of the UAPA. The judge stated, "Though according to the prosecution, Sachin (A/1) wanted to strike terror or, the act of the accused was likely to strike terror in the minds of Ambanis'...there is nothing on record to that effect."
Additionally, the court noted that the day-to-day business operations of the Ambani family appeared to remain undisturbed, even for a minute, despite the incident.
Mansukh Hiran Murder Treated Separately
Regarding the death of businessman Mansukh Hiran, who was found dead in a creek after being in possession of the SUV before its alleged theft, the court categorized it as a homicidal death. However, it clarified that the murder was not a direct outcome of a terrorist act, but rather an independent offense under Section 302 of the Indian Penal Code. Consequently, the stringent bail restrictions typically applied under the UAPA do not extend to the murder charge.
Background of the Incident
The case dates back to February 25, 2021, when an SUV laden with explosives was discovered near Mukesh Ambani's residence. Mansukh Hiran was found dead on March 5, 2021, in a creek in Thane. Sachin Waze was subsequently arrested by the NIA on March 13, 2021, in connection with both incidents.