Dismissed policeman Sachin Waze has moved Bombay High Court challenging provisions of Unlawful Activities Prevention Act and the National Investigating Agency (NIA) probe into the Antilia bomb scare case and the death of businessman Mansukh Hiran.
A division bench of Justices Bharati Dangre and Manjusha Deshpande on Monday directed NIA to file its affidavit in response to the petition filed by Waze, who is in jail in connection with the two cases.
The bench quipped that the 185-page petition filed by Waze from jail was more like a thesis.
"Is this a petition or a thesis? It has quoted Oscar Wilde and all. This seems like a thesis for a PhD," the court said.
Senior counsel Aabad Ponda, appearing for Waze, said the accused is in jail with nothing to do but this.
Waze, in his plea, has sought immediate release pending hearing of the petition.
Ponda argued UAPA provisions have been wrongly invoked in the case and that the NIA had begun its probe even before the Act was applied in the case.
"The provisions of UAPA cannot be applied in cases all and sundry. This is just a case of gelatin recovered outside someone's residence in Mumbai. There was no terror caused," Ponda said.
The NIA's competency is also under challenge as the agency had begun its investigation even before an order was passed by the Centre, Ponda said.
After hearing the arguments briefly, the HC sought a response from NIA and posted the matter for hearing on September 23.
On February 25, 2021, an explosives-laden SUV was found near industrialist Mukesh Ambani's residence 'Antilia' in south Mumbai.
The NIA's case is that Waze, in conspiracy with the other accused, parked the explosives-laden SUV owned by businessman Mansukh Hiran.
When Hiran later said he would reveal the truth, the accused persons allegedly killed him, as per NIA.
Hiran, who said he was in possession of the SUV before it was allegedly stolen, was found dead in a creek in neighbouring Thane on March 5, 2021.
