बॉम्ब स्केयर मामले में असिस्टेंट इन्स्पेक्टर की महँगी जीवनशैली पर हाई कोर्ट ने उठाए सवाल

MUMBAI: The Bombay high court on Thursday wondered aloud incredulously how dismissed Assistant police inspector Sachin Waze on a salary of less than Rs 1 lakh monthly, could use high-end luxury cars and questioned a month long stay at a south Mumbai five star hotel in Nariman Point which the National Investigation Agency (NIA) said was booked in someone elseâs name but the Aadhar card had his photo.

The NIA had swiftly appealed against a September 29 bail granted by a special trial Judge C S Baviskar to Waze. The HC bench of Justices Girish Kulkarni and Neela Gokhale had been assigned specially to hear the appeal after two recusals and stayed the bail on September 30.

HC Justice Kulkarni orally at the hearing said that when a crime is attributed to a person in police uniform, issues such as integrity and conduct are examined as well.

Waze has behind bars since his March 2021 arrest is lodged in a Thane prison in connection with the February 25, 2021 Antilia bomb scare under an anti-terror law, Unlawful Activities (prevent) Act (UAPA) and a subsequent Mansukh Hiran murder case.

Additional Solicitor General Anil Singh for NIA argued hard against the bail, which he said the special Trial Judge granted not in keeping with settled legal principles.

What the trial court did was âexact opposite of the law,ââ that governs bail pleas under the anti-terror Act-UAPA said the NIA.

Singh, in his submissions said, the special Judge holds that the test for framing a charge is "somewhat on lower pedestal" and the test for rejecting bail is "on somewhat higher pedestal", so that "more serious evaluation of the material" is needed at the bail stage and thus held that probe record found the same material was enough to frame UAPA charges but "not sufficient to reject this Bail Application".

The NIA says the Section 15(1) UAPA covers as an offence an act done "with intent to strike terror or likely to strike terror in the people or any section of the people". The two expressions are disjunctive, and likelihood is judged objectively from the nature of the act.

The NIAsaid the trial court had needlessly faulted the prosecution for not recording statements of the (Mukesh) Ambani family. Neither actual terror nor a statement of the intended victim is an ingredient of the offence, but an attempt or its likelihood are crucial components of the offence as well said ASG Singh.

Waze, Singh argued, had planned the planting of the 20 gelatin sticks and threat note in his friend Hiranâs four-wheeler âto create terror not just in the minds of one family but in the entire societyââ.

After ASG read out parts from the Chargesheet to recount the case against Waze, the HC bench orally observed how even when Waze went to the police chiefâs office, he drove in a Mercedes from another gate.

âEven went to Varsha bungalow in a Merc,â¦stayed at a five star for 100 days on an API salary? Why? And on a bogus Aadhar card?â The ASG said he didnât know why the hotel was booked for 100 days but the Aadhar card used for the booking had âfake number and address, but show Wazeâs photo.ââ

The ASG said Waze used to drive cars such as a Mercedes and a BMW. The court then asked how an officer of the rank of assistant police inspector could afford such vehicles.

âThis person, being the rank of an API, drove in a Mercedes to his office which was in the same building as the Commissioner of Police. In fact, he (Waze) even went to Varsha bungalow (Chief Minister's residence) in the Mercedes,â the bench said.

The HC asked, âIs there any material to show from where the gelatine sticks were purchased? It must be controlled substance. For selling also you need license. Similarly for purchase also a license must be required?ââ The ASG said it was not known from where. He added, âWaze did not cooperate with the probe.â

The HC also asked the NIA what prejudice would be caused to the agency if Waze is released since bail was granted with stringent conditions imposed on him and charges are already framed. One of the bail conditions is for Waze to stay outside Mumbai.

The ASG Singh said Waze was the CIU head of Mumbaiâs crime branch and is influential hence the agency fears he will tamper with evidence and witnesses and hence bail ought to be cancelled.

He also beseeched the HC to consider the seriousness of crime adding around 150 prosecution witnesses would be examined and the trial can be expedited.

Waze represented by advocates VM Thorat and Sajal Yadav will open make their submissions next Thursday.

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