Is this a deep-rooted conspiracy: ASG. UAPA not applicable, says Waze lawyer in Mumbai

  • | Friday | 26th March, 2021

MUMBAI: While seeking an extension of suspended API Sachin Waze’s custody, additional solicitor general (ASG) Anil Singh submitted that since a police officer has to account for each and every bullet he is assigned, the NIA wanted to ascertain for what purpose the remaining 25 bullets were used and what patronage he had that allowed them to not maintain a record.

MUMBAI: While seeking an extension of suspended API Sachin Waze’s custody, additional solicitor general (ASG) Anil Singh submitted that since a police officer has to account for each and every bullet he is assigned, the NIA wanted to ascertain for what purpose the remaining 25 bullets were used and what patronage he had that allowed them to not maintain a record.

“Why huge amount of bullets were kept in his house? Is this a deep-rooted conspiracy?” Singh asked. The NIA also submitted that during investigation, it found that Waze had paid Rs 12 lakh for 100 days for a suite at Oberoi hotel and had used a fake Aadhaar card with his picture and pseudonym.1

Waze was arrested on March 13 in connection with recovery of explosives from an SUV found parked near businessman Mukesh Ambani’s residence on February 25. On March 14, he was remanded to NIA custody for 12 days. Singh said the NIA wanted to investigate the purpose of the act and if it was done to disturb the economy of the country by targeting a businessman or for the purpose of creating terror in the society.

Earlier, the NIA had added sections under the Unlawful Activities (Prevention) Act (UAPA) against Waze and also taken over the probe in the Mansukh Hiran murder case. The NIA said since the provisions of UAPA are attracted, a total custody of 30 days could be sought. Singh said, “The murder is connected to this crime and needs to be investigated. Explosive-laden vehicle was in his name. Two persons have been taken into custody from the ATS.” He said Waze’s further custody was also required to confront him with those accused.

But Waze’s lawyer, senior counsel Aabad Ponda submitted that UAPA could not be attracted as the gelatin sticks found without a detonator cannot cause destruction and provided material to show that they can be stored safely without protection

He also argued that the scope of a terrorist act must be with the intention to hurt unity, sovereignty, integrity and security of the country and target a community, and not an individual. Ponda said as per the alleged threat note, the case was limited to some persons. “The individual has to be a public functionary which is also defined in the Act. The public person cannot be a famous person in society, but has to be a constitutional authority. The facts have not changed since the day of the first remand,” he argued. But Singh said the forensic report identified the gelatin sticks as explosives.


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