Updated: March 15, 2021 9:46:56 pm
Assistant Police Inspector Sachin Waze of Mumbai Police, through his brother Sudharm Waze, moved a habeas corpus petition in the Bombay High Court against his arrest by the National Investigation Agency (NIA), claiming it was “wrongful” and “illegal”.
The NIA had arrested Waze late Saturday night in connection with the security scare outside the south Mumbai residence of industrialist Mukesh Ambani.
“The Petitioner’s brother has been wrongfully arrested without any 41(A) of the Criminal Procedure Code (CrPC) notice, without providing the copy of the FIR, without explaining the reasons of arrest, without informing the Petitioner and many other lapses which is an absolute violation of the provisions laid down in the CrPC and innumerable judgements passed by the Supreme Court; further the Petitioner’s brother is being subjected to wrongful and illegal detention and is being held in custody,” the petition filed through advocate Sunny Punamiya said.
The plea stated that the FIR was registered by Vimla Hiran (late Mansukh Hiran’s wife), registered by the Anti-Terrorism Squad (ATS) Mumbai on March 7 against unknown persons, which made “certain false, frivolous and concocted allegations” against Waze. Vimla Hiran without any proof or evidence blamed the petitioner’s brother for the death of her husband, it added. The petition also said that “surprisingly”, the very next day, on March 8, an FIR was registered by the NIA, Mumbai against unknown persons.
“The present case of the death of Mansukh Hiran became a sensational topic for the media and the society due to which the false and baseless allegations made by Vimla Hiran against the petitioner’s brother were paid heed to by the ATS, Mumbai and FIR came to be registered…. The Petitioner’s brother was made that scape goat by certain political powers by using Vimla Hiran,” it said.
The plea also said that while Waze was preparing to approach the HC for anticipatory bail, he was called by NIA officers for questioning on March 13 without being served any notice. However, he visited the office as he was being falsely dragged into the case, the plea submitted. After being questioned for over 10 hours, suddenly at around 11 pm the same day, he was arrested “without stating any reason whatsoever”, the plea said.
Waze further alleged that not a single guideline pertaining to detention and arrest was followed by the NIA officers as laid down by the Supreme Court in the D K Basu case. “The haste in which the Petitioner’s brother was arrested clearly shows some ulterior motives and huge political influence and interference with the sole intent to use the Petitioner’s brother as a scapegoat to further certain political agendas of some big interested parties,” the plea said.
The petition said that Waze’s wife till date has not been informed about the reasons for the arrest, nor has she been allowed to visit her husband. Moreover, the petition alleged that Waze is not allowed to meet his own lawyer, which is a “blatant violation of guidelines laid down by the Apex Court”.
In light of this, the petition sought directions from the HC to the NIA to produce Waze before the court and justify his detention in accordance with procedures as per law and set Waze at liberty.
The HC is likely to hear the plea in due course.
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