Mumbai, Mar 10 Dismissed cop Sachin Waze has sought discharge in the Antilia explosives and businessman Hiren Mansukh Hiren's murder case, arguing that the offences did not constitute a "terrorist act" for prosecution under the stringent UAPA.
Waze, in his application filed before a special NIA court on Monday, contended that the proceedings against him suffer from a "want of jurisdiction" and are "null and void" in the eyes of the law.
As a cop, Waze argued that he was "fully aware" that the Ambanis are India's most strongly guarded family, and thus "threatening" them, that too with certain low-quality explosives, "is one of the silliest crimes", which he could never think of committing, the plea stated.
On February 25, 2021, an explosives-laden SUV was found near industrialist Mukesh Ambani's residence, 'Antilia', in south Mumbai. Businessman Hiren, who was in possession of the SUV, was found dead in a creek in neighbouring 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 chunk of Waze's plea focused on the lack of valid sanctions for prosecution under the UAPA.
"Applicant (Waze) most humbly submits that the impugned sanction order purportedly granted under UAPA is clearly accorded without application of mind and thus invalid," it stated.
The accused former cop asserted that no legal evidence has been presented in the case "to establish that an act of terrorism was committed by anybody".
"It is well-settled law that the fallout of the intended 'terrorist activity' must be such that it travels beyond the ordinary law enforcement agencies to tackle it under the ordinary penal law," 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 was the nature of terrorism committed by anybody.
The plea highlighted that the motive attributed by the NIA was that he "wanted to regain his clout as the ace detective/encounter specialist" and hence, he conspired with the other accused to park the vehicle near the industrialist's residence.
He, however, pointed out 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 case of prosecution is assumed to be true without admitting the same, such an act would not amount to 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 cop's discharge application characterised 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.
