News Analysis India

Tag: Sachin Waze

  • Antilia bomb scare case: Delhi HC dismisses plea by ex-Mumbai Police officer 

    By PTI

    NEW DELHI: The Delhi High Court on Friday dismissed a plea by former Mumbai Police officer Sachin Waze seeking to quash the sanction granted to prosecute him under the provisions of the Unlawful Activities Prevention Act (UAPA) in connection with the Antilia bomb scare case.

    “The petition is dismissed for lack of territorial jurisdiction,” said a bench of Justices Mukta Gupta and Anish Dayal.

    The Centre had earlier opposed the petition by Waze on grounds that it was not maintainable before the Delhi High Court and it should have been filed before the Bombay High Court as everything related to the case happened in Mumbai.

    Waze had claimed that the Delhi High Court has territorial jurisdiction over the issue as the sanction order was passed by the Union Ministry of Home Affairs (MHA), which is located in the national capital.

    The plea, filed through advocate Chaitanya Sharma, sought to strike down section 15(1) of the UAPA, relating to a terrorist act, claiming that it is ultra vires of Article 14 (equality before law) and 21 (protection of life and personal liberty) of the constitution.

    It also sought to quash and set aside the sanction order of September 2, 2021 passed by the Centre and grant consequential relief.

    The MHA had given the sanction for prosecution of Waze in September last year in the case of an SUV with explosives being found near industrialist Mukesh Ambani’s house in Mumbai and the murder of businessman Hiren Mansukh.

    According to a release of NIA, the charge sheet was filed under various provisions of the IPC, including murder, criminal conspiracy, kidnapping and negligent conduct with respect to explosive substances and under the provisions of the UAPA, Explosive Substances Act and Arms Act.

    The SUV was found near Antilia on February 25, 2021.

    Mansukh, who had claimed that the vehicle had been stolen from his possession, was found dead in a creek in Thane on March 5 last year.

    NEW DELHI: The Delhi High Court on Friday dismissed a plea by former Mumbai Police officer Sachin Waze seeking to quash the sanction granted to prosecute him under the provisions of the Unlawful Activities Prevention Act (UAPA) in connection with the Antilia bomb scare case.

    “The petition is dismissed for lack of territorial jurisdiction,” said a bench of Justices Mukta Gupta and Anish Dayal.

    The Centre had earlier opposed the petition by Waze on grounds that it was not maintainable before the Delhi High Court and it should have been filed before the Bombay High Court as everything related to the case happened in Mumbai.

    Waze had claimed that the Delhi High Court has territorial jurisdiction over the issue as the sanction order was passed by the Union Ministry of Home Affairs (MHA), which is located in the national capital.

    The plea, filed through advocate Chaitanya Sharma, sought to strike down section 15(1) of the UAPA, relating to a terrorist act, claiming that it is ultra vires of Article 14 (equality before law) and 21 (protection of life and personal liberty) of the constitution.

    It also sought to quash and set aside the sanction order of September 2, 2021 passed by the Centre and grant consequential relief.

    The MHA had given the sanction for prosecution of Waze in September last year in the case of an SUV with explosives being found near industrialist Mukesh Ambani’s house in Mumbai and the murder of businessman Hiren Mansukh.

    According to a release of NIA, the charge sheet was filed under various provisions of the IPC, including murder, criminal conspiracy, kidnapping and negligent conduct with respect to explosive substances and under the provisions of the UAPA, Explosive Substances Act and Arms Act.

    The SUV was found near Antilia on February 25, 2021.

    Mansukh, who had claimed that the vehicle had been stolen from his possession, was found dead in a creek in Thane on March 5 last year.

  • Dismissed cop Sachin Waze withdraws plea in Bombay High Court against judicial panel orders

    By PTI

    MUMBAI: Dismissed policeman Sachin Waze on Wednesday unconditionally withdrew his petition in the Bombay High Court challenging two orders of the panel set up to probe into the corruption allegations against former Maharashtra minister Anil Deshmukh.

    Waze, who is presently in jail after his arrest in the Antilia bomb scare and murder case of businessman Mansukh Hiran, withdrew his plea after the High Court on Tuesday said it was not inclined to grant any relief.

    A division bench of Justices Gautam Patel and Madhav Jamdar had on Tuesday expressed its displeasure with the former policeman for suppressing facts and not submitting all the documents in his petition.

    The bench had noted that Waze’s petition did not annex the affidavit submitted by him to the Chandiwal commission along with his application seeking to retract an earlier statement made by him on Deshmukh.

    The court had then asked Waze’s advocate Anil Anturkar to take instructions on whether he was willing to withdraw the petition.

    “If he (Waze) does not wish to withdraw then, we will dismiss it with strictures,” Justice Patel had said on Tuesday.

    When the matter came up for hearing on Wednesday, Anturkar informed the court that Waze was withdrawing the petition unconditionally.

    The court accepted the same.

    Waze, in his petition, challenged the legality, validity and propriety of the two orders passed by the one-member commission of retired Justice K U Chandiwal and sought to quash the same.

    The first order of the panel refused Waze’s application seeking to summon the Joint Commissioner of Police (Crime) Milind Bharambe for examination, while in the second order, the commission denied him permission to retract his earlier statement against Deshmukh.

    Waze had filed an application before the Chandiwal Commission on January 21 this year, seeking to summon the then joint commissioner of police (Crime) Bharambe for examination before the Commission.

    Bharambe had written a letter and later authored a report on March 25, 2021.

    Former Maharashtra home minister Anil Deshmukh had presented a copy of this secret letter along with Bharambe’s report on March 30, 2021 before the commission.

    Waze had sought to call Bharambe before the Commission claiming that the latter’s report is prejudicial to his interest.

    However, the Commission dismissed his application on January 24.

    On February 9, Waze had made an application seeking to retract his statement with regard to Deshmukh.

    He had said that neither the former minister nor his associates or people related to him have ever made any monetary demand or instructed him to extort Rs 100 crore from the city’s bar owners.

    According to Waze’s plea before the court, he had filed an affidavit before the Commission along with his application for retraction of his statement.

    The former policeman had claimed that he was under immense and tremendous pressure due to his arrest by the Mumbai crime branch.

    Waze has alleged that he was mentally harassed and victimised so as to affect his psyche and his state of mind, and claimed that he was subjected to severe mental torture and harassment apparently by Deshmukh and it continued even after his resignation.

    Consequently, when the petitioner was put to certain questions at the time of his cross examination before the committee, he gave incorrect answers, the plea stated.

    Waze, in his petition, claimed that he is a whistleblower and has been falsely implicated in a series of criminal cases consequent to political vendetta arising out of the shocking revelations disclosed by him in the public domain through his senior officer.

    The former policeman has claimed that he had confided in his senior officer about a series of demands made by Deshmukh, and based on this, the senior officer had written to the state government on March 20, 2021, following which a one-member committee headed by retired Justice K U Chandiwal was formed.

  • Money laundering case: Court refuses bail to ex-Maharashtra minister Anil Deshmukh’s aide

    By PTI

    MUMBAI: The statement of a former policeman cannot be “thrown out” at the stage of bail merely because he is not a person of “good conduct”, noted a special PMLA court here in its order refusing bail to former Maharashtra home minister Anil Deshmukh’s personal assistant Kundan Shinde.

    Special PMLA Judge MG Deshpande had rejected Shinde’s bail plea on December 7, and the detailed order was made available on Friday.

    Shinde was arrested on June 26 by the Enforcement Directorate for his alleged role in a money laundering case in which the accused include Deshmukh and dismissed assistant police inspector Sachin Waze. Waze, in his statement to the ED, said that Deshmukh introduced him to Shinde during a meeting at the then home minister’s official residence.

    Waze also disclosed the manner in which he collected Rs 4.7 crore between December last year and February, 2021 at the behest of Deshmukh, adding that the collected amount was handed over to Shinde on multiple occasions.

    The court said it is clear from the statement of Waze the said money, approximately Rs 4.7 crore, which he handed over to Shinde was illegal collection from various bar owners across Mumbai, and was nothing but proceeds of crime as defined under the provisions of PMLA Act.

    However, Shinde’s lawyer Ejaz Khan argued there was nothing against his client except statements and words of Waze, and that the dismissed policeman’s statements cannot be believed as they are made with an “actuated malice” and without absolutely any corroboration. “This fact cannot be ignored at the stage of bail and the statement of Waze cannot be thrown out merely because he is not a person of good conduct as argued by Ejaz Khan, ” the court said.

    Conspiracy is always hatched in secrecy and direct evidence thereof, even during the course of trial, cannot be obtained, and inferences have to be drawn for the same, the judge said.

    “Even if the argument of the advocate that Waze created, fabricated, imaginary false story and implicated the applicant is considered, yet a question remains how any person, including Waze, can build up or fabricate the story with such minute details regarding dates of meetings, dates of collection etc,” the court observed.

    It said that at this juncture, the statements under the provisions of PMLA Act, which have corroboration of the details in respect of money transfers, cannot be disbelieved. The court held there is a strong prima facie case which points out to the involvement of the applicant.

    An offence under PMLA is very serious and bail applications have to be dealt with strictly considering the gravity, magnitude and the message which will be conveyed to law abiding people, the court said. The ED’s case is that Deshmukh, while serving as home minister, misused his official position and collected Rs 4.7 crore from various bars and restaurants in Mumbai through Waze.

    The money was allegedly laundered through the Nagpur-based Shri Sai Shikshan Sanstha, an education trust controlled by Deshmukh’s family. Deshmukh has refuted the allegations and has claimed the agency’s whole case was based on malicious statements made by Waze.

  • NIA custody most ‘traumatic time’ of my life: Sachin Waze tells probe panel

    By PTI

    MUMBAI: Dismissed police officer Sachin Waze on Tuesday told an inquiry commission that the time he spent in the National Investigation Agency’s (NIA) custody following arrest in the Antilia bomb scare case was the “most traumatic time” of his life, and claimed he had signed various documents “under duress”.

    An explosives-laden SUV was found near industrialist Mukesh Ambani’s residence ‘Antilia’ in south Mumbai in Februrary this year.

    Later, businessman Mansukh Hiran, who was in possession of the SUV, was found dead in a creek at Mumbra in neighbouring Thane district.

    In March, Waze, who was then serving as the assistant police inspector, was arrested by the NIA for his alleged role in the case and was later dismissed from service.

    He is currently being crossed-examined by the Justice K U Chandiwal Commission, which is probing corruption allegations levelled against former Maharashtra home minister Anil Deshmukh by ex-Mumbai police commissioner Param Bir Singh.

    Responding to a question by Anil Deshmukh’s lawyer Anita Castellino on whether there was any kind of pressure or uncomfortable situation when he was in the NIA’s custody, Waze said, “Yes, of course”.

    “It was most traumatic time in my life” he said.

    To another query, Waze said in those 28 days (time spent in the central agency’s custody), only the NIA was causing “harrasment and humiliation” to him.

    “I say the trauma is still there,” he added.

    Waze also claimed that he had signed various documents “under duress of the NIA authorities”.

    He further said his request for furnishing him a copy of documents and the panchnama were denied by the NIA court.

    Waze’s cross-examination will continue on Wednesday.

    Earlier in the day, former Maharashtra home Minister Anil Deshmukh appeared before the commission.

    The single-member commission of Justice Chandiwal (retired) was formed by the Maharashtra government in March this year to probe the allegations levelled against Deshmukh by Param Bir Singh.

    Singh, who was transferred from the post of Mumbai police commissioner in March in the aftermath of the Antilia bomb scare episode, had alleged that Deshmukh asked police officers to collect Rs 100 crore a month from bars and restaurants in the city.

    The Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) are also probing the allegations made against Deshmukh by the senior IPS officer.

  • Dismissed cop Sachin Waze sent to judicial custody in money laundering case

    By PTI

    MUMBAI: A special PMLA court here on Wednesday remanded dismissed Mumbai police officer Sachin Waze to judicial custody in a money laundering case, in which former Maharashtra home Minister Anil Deshmukh is also an accused.

    The Enforcement Directorate (ED), probing the case, had shown Waze as an accused in its charge-sheet, but never arrested him in the matter.

    Pursuant to a production warrant, Waze was produced before special judge MG Deshpande in connection with the money laundering case.

    The 49-year-old former Assistant Police Inspector was then remanded to judicial custody by the court hearing cases under the Prevention of Money Laundering Act (PMLA).

    “As he himself wants to appear in this case and file bail application, he is remanded to judicial custody in this offence,” the court said.

    However, five other accused in the case were granted interim bail by the court.

    The money laundering case against Deshmukh and others was made out after the CBI booked him in a corruption case related to allegations of Rs 100 crore bribery made by former Mumbai police commissioner Param Bir Singh.

    Deshmukh (71), arrested earlier this month by the ED for his alleged role in the case, is currently in jail under judicial custody.

    Waze is also an accused in a case related to recovery of an explosives-laden SUV from near industrialist Mukesh Ambani’s house in south Mumbai in February this year and subsequent murder of Thane businessman Mansukh Hiran, the owner of the vehicle.

    The former cop was arrested by the National Investigation Agency in March and is currently in judicial custody in the explosives-murder case.

  • Sachin Waze extorted money from cricket bookies on Param Bir’s instructions: Police to court

    By Online Desk

    Mumbai’s Esplanade Court on Saturday sent dismissed Mumbai police officer Sachin Waze to police custody till November 13 in connection with an extortion case.

    The Mumbai Police told the court that Waze extorted large amounts of money from cricket bookies on the instructions of former police commissioner Param Bir Singh, now an absconding accused in an extortion case.

    The remand plea filed through special public prosecutor Shekhar Jagtap alleged that the duo would threaten the bookies with FIRs to extort money. The magistrate’s court sent Waze to further custody of the police following a submission through his lawyer Rounak Naik that he was willing to concede and be sent to police’s custody to cooperate with the probe.

    The crime branch had filed an application for recording of the statement of a witness in the extortion case under Code of Criminal Procedure (CrPC) 164. The court has allowed the application and statement to be recorded on November 8.

    Earlier on November 1, Esplanade Court had sent Sachin Waze to Crime Branch’s custody till November 6 in connection with an extortion case. However, the Crime Branch had sought 10-day custody of Waze in the matter.

    A case of extortion was registered on July 23 against Sachin Waze, former Mumbai Police Commissioner Param Bir Singh and others at Goregaon Police Station and the investigation was handed over to the Mumbai Crime Branch.

    The Chandiwal Judicial Commission had issued a bailable warrant against Param Bir Singh, in connection with an alleged corruption case of Rs 100 crore.

    Singh had alleged that former Maharashtra Home Minister Anil Deshmukh, who has been arrested by the Enforcement Directorate (ED), had indulged in “malpractices” and asked suspended Mumbai Police officer Sachin Waze to collect Rs 100 crores every month.

    NIA arrested Waze in March in connection with the investigation into the recovery of explosives from a car parked near Mukesh Ambani’s house in Mumbai. Waze is the prime accused of placing an explosives-laden vehicle near Reliance Industries Chairman Mukesh Ambani’s house Antilia in Mumbai on February 25.

    Waze was also accused of the murder of Mansukh Hiren, the owner of the vehicle that was found containing explosives materials outside Antilia. Hiren was found dead on March 5 in Thane.

    Waze, former Assistant Police Inspector in the Crime Intelligence Unit (CIU), was later transferred to the Citizen Facilitation Centre at Mumbai Police Headquarters after his name came up in Mansukh Hiren’s death case.

    Waze was dismissed from service in May 2021. 

    (With agency inputs)

  • Ex-Maharashtra minister Anil Deshmukh sent to 14-day judicial custody in money laundering case

    By Online Desk

    A Mumbai court on Saturday sent former Maharashtra home minister Anil Deshmukh, arrested in a money laundering case, to 14-day judicial custody.

    Earlier in the day, a medical examination of Deshmukh was conducted at a state-run hospital in Mumbai before he was taken to a special court in the afternoon as his Enforcement Directorate (ED) custody ended, an official said.

    Deshmukh (71) was arrested by the ED late Monday night after 12 hours of questioning.

    A Mumbai court had on Tuesday remanded Deshmukh in ED’s custody till November 6 in connection with a multi-crore money laundering case.

    “As Deshmukh’s ED custody ended on Saturday, he was taken out of the central agency’s office here around 12.20 pm. Before being produced in the special PMLA court, he was taken to the state-run J J Hospital for his routine medical checkup in the morning,” the official said.

    The ED case against Deshmukh and others was made out after the CBI booked him in a corruption case related to allegations of at least Rs 100 crore bribery made by former Mumbai police commissioner Param Bir Singh. 

    Singh had alleged that Deshmukh was involved in several wrongdoings, including asking the sacked police officer Sachin Waze to collect Rs 100 crore from bars and restaurants in Mumbai.

    The ED had on Thursday summoned Deshmukh’s son Hrishikesh Deshmukh for questioning in connection with the money laundering case. He was quizzed on Friday.

  • NIA opposes Sachin Waze’s house arrest plea in HC, says he may abscond if let out of prison

    By PTI

    MUMBAI: The National Investigation Agency (NIA) has opposed dismissed Mumbai police officer Sachin Waze’s plea seeking temporary transfer from the Taloja prison to house arrest in the Bombay High Court saying Waze, being a “highly influential person,” may abscond and “tamper with prosecution witnesses”, if let out of the prison.

    In an affidavit filed before the high court on Tuesday, the NIA said Waze was accused of “serious offences”, including being part of the conspiracy to kill businessman Mansukh Hiran and planting an explosives-laden vehicle near the residence of industrialist Mukesh Ambani in south Mumbai.

    “If any House Arrest (custody) is granted to the petitioner accused, there is every likelihood that said petitioner accused will abscond from the jurisdiction of this Hon’,ble court and will tamper with the prosecution witnesses including the protected witnesses who allegedly were his associates,” the affidavit reads.

    “And it is not difficult for the petitioner accused to figure out who they are, even though the fact is that their identity and addresses are protected since the petitioner accused is a highly influential person in the area of Mumbai,” it reads.

    The affidavit was submitted in response to a plea filed by Waze earlier this month seeking that he be shifted from judicial custody to house arrest for his post-operative care following bypass surgery.

    Waze had requested the court that he be permitted to remain under house arrest till he recovered fully.

    The NIA however, said in the affidavit that Taloja prison in Navi Mumbai had required facilities for Waze’s post-operative care and that if required, he could be taken to the state-run JJ Hospital in Mumbai.

    Waze had sought parity with Elgar Parishad accused Varavara Rao, who had been granted interim medical bail in February this year owing to his advanced age and worsening health.

    The NIA said in its affidavit that Waze’s case was different from that of Rao and while the latter had been granted medical bail, Waze was asking for continuing judicial custody in the form of house arrest.

    A bench of justices Nitin Jamdar and SV Kotwal on Tuesday directed Waze’s counsel, advocate Raunak Naik, to place on record Waze’s post-surgery medical papers.

    The high court also directed the state prison authorities to submit Waze’s latest medical reports.

    It will hear the plea further next month.

  • Bombay HC directs NIA to file affidavit on Sachin Waze’s house custody plea

    By PTI

    MUMBAI: The Bombay High Court on Wednesday directed the National Investigation Agency (NIA) to file an affidavit in response to a plea filed by dismissed Mumbai police officer Sachin Waze, arrested in the Antilia bomb scare and businessman Mansukh Hiran murder case, seeking to be placed under house custody.

    Waze was arrested by the NIA in March this year and was later sent to judicial custody.

    Last month, Waze was permitted by a sessions court to be admitted to a private hospital where he underwent bypass surgery.

    Waze later sought permission from the special NIA court to be placed under house arrest so that he could recuperate.

    Waze had stated that he was vulnerable to infection if he is asked to stay in jail.

    The special NIA court had last month rejected Waze’s request following which he approached the high court earlier this week.

    On Wednesday, Waze’s plea came up before a division bench of Justices Nitin Jamdar and Sarang Kotwal.

    Waze’s advocates Sudeep Pasbola and Rounak Naik told the court that Waze has been discharged from the private hospital and shifted to the Taloja prison in Navi Mumbai.

    They added that the prison hospital was in poor condition and not well-equipped.

    The bench then directed the NIA to file an affidavit in a week.

    Waze in his petition said he stands a high risk of contracting infections as his surgery was recently performed and his health would be further jeopardized if he is asked to stay in jail.

    The plea added that if house arrest permission is granted, Waze would be put in a separate room in his residence where complete seclusion would be maintained.

  • Mansukh Hiran case: Court rejects Sachin Waze’s plea for house custody

    By PTI

    MUMBAI: A court here on Wednesday rejected former police officer Sachin Waze’s request that he be put under house custody instead of being sent back to jail following a heart surgery.

    Waze, the prime accused in the case of an SUV with explosives found near industrialist Mukesh Ambani’s residence `Antilia’ and the subsequent murder of businessman Mansukh Hiran, recently underwent open heart surgery at a city hospital.

    Last week his lawyer had applied to the special NIA court that Waze be allowed to recover at home.

    But the National Investigation Agency (NIA) opposed the plea, saying he might abscond if put under house custody.

    Judge A T Wankhede rejected Waze’s plea on Wednesday.

    He will now be shifted to the Taloja jail hospital, prosecution sources said.

    The court has allowed him home food and also directed that he should be taken to the government-run J J hospital for a check-up when needed.

    Waze and nine other accused in the case are currently in judicial custody.