Mumbai, Mar 30 The NIA has opposed former policeman Sachin Waze's discharge plea in the Antilia bomb scare and businessman Mansukh Hiren murder case, saying he is "directly involved in commission of crime".
The offences 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 averments made by the Waze in his discharge plea and urged the court to take into consideration the seriousness and the gravity of offences involved in the case.
The grounds raised by Waze "are not cogent and valid grounds, much less legal ground, as such the same are devoid of merits and liable to be dismissed", the NIA said.
The NIA added that, from the facts and circumstances of the case, "it is crystal clear" that Waze was directly involved in the crime.
"He along with his co-accused persons committed offences punishable for the act of conspiracy to commit a terrorist act, commission of terrorist act, member of a terrorist gang, kidnapping or abducting for murder, murder of Mansukh Hiran, destruction of evidence'¦." the probe agency claimed.
"There is a prima facie true case against the former policeman. Therefore, he is not entitled for any discharge," NIA said. It urged the court to reject the discharge application, with costs, in the interest of justice and frame charges against him and his co-accused.
Waze's application has contended that proceedings against him suffer from a "want 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 requisite "subjective satisfaction" regarding gravity of offences. A major chunk of Waze's application dwelled upon lack of valid sanctions for prosecution under the anti-terror Act.
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, who was arrested in March that year for his alleged role in the case, is currently in judicial custody.
