Mumbai: The Bombay High Court rejected the habeas corpus petition submitted by former Mumbai Police officer Sachin Waze on March 5, who claimed his arrest in the Antilia Bomb Scare case was unlawful and requested his release.
Significantly, Waze was detained by the National Investigation Agency (NIA) on March 13, 2021, for supposedly positioning an explosive-filled vehicle close to industrialist Mukesh Ambani's home, Antilia, in Mumbai. He was indicted under Sections 16 and 18 of UAPA for engaging in acts of terrorism.
On April 24, 2024, Waze submitted a petition requesting habeas corpus relief due to his purported unlawful detention. He claimed serious infringement of his basic rights since his detention. He mentioned that his trial has not started for over 1,400 days.
In his petition, Waze indicated that the process set for custody remand according to Section 309(2) had not been adhered to in his situation. He claimed that an incorrect presiding officer/authority had ordered his remand to custody, rendering his detention unlawful.
Additionally, Waze claimed that his apprehension breached Section 45(2) of the CrPC. The provision states that a specified class or category of Armed Forces members assigned to maintain public order, as indicated by the State government, cannot be apprehended for actions taken or intended in the execution of their official responsibilities unless the consent of the Central Government is obtained.
The request also mentioned that there was no legitimate order permitting his detention for about 3 days following the filing of the chargesheet. It was noted that the Special Court's awareness of the offence was acquired in a routine fashion, lacking the complete record at its disposal.
