MUMBAI: Rejecting dismissed police officer Sachin Waze’s plea for default bail in the case involving an explosives scare near industrialist Mukesh Ambani’s residence Antilia, a special NIA court on Thursday said that it ought to have imposed heavy costs on the former officer considering that such a meritless plea was submitted. It said that hearing such an application had wasted the precious time of the court.
“However, considering that the applicant (Waze) is in custody, I have refrained from imposing such costs. But the aforesaid certainly should give message to the litigants who submit such meritless application only with a view to waste time in the court,” the court said.
Special NIA judge D E Kothalikar granted the NIA an extension of 30 days to submit the chargesheet against the arrested accused in the case. The court rejected the plea of dismissed assistant police inspector (API) Riyazuddin Kazi.
When a chargesheet is not submitted within the stipulated time and in the absence of an extension granted by the court, the accused has to be granted default bail.
Making submissions via video-conferencing from Taloja jail, Waze had said on Wednesday that his detention in the absence of the chargesheet was a violation of his fundamental rights. He said in his submissions that since sections under the Unlawful Activities (Prevention) Act (UAPA) were invoked only after his first remand in March, the 90-day limit to submit the chargesheet was applicable under the relevant Indian Penal Code sections mentioned in the initial FIR.
He said that the total 180-day period under the UAPA was not applicable. He cited a 2001 Supreme Court order in a case where he was the investigating officer.
Waze’s earlier plea for default bail was rejected by the court. Rejecting his plea again, the court said that the application was not maintainable. “The law does not permit to consider the application of bail before the expiry of time (to submit the chargesheet) . There is no force in the application and it deserves to be rejected,” the court said.
The court will hear the bail pleas of another accused police officer, Sunil Mane, on Tuesday.
Last month, for the second time in the case, the NIA moved a plea seeking an extension of 30 days to submit the chargesheet. In June it was granted an additional 60 days to submit the chargesheet. The NIA’s first extension was to come to an end on Saturday.
On Tuesday, seeking more time, special public prosecutor Sunil Gonsalves had said that the statements of over 150 witnesses were already recorded in the case. The prosecution had said that if extension was not granted the accused and others would slip out of the clutches of law and justice. It said the case had repercussions on the territorial integrity, sovereignty and security of the country.
On February 25, a Scorpio with explosives stocked in it was found near Antilia. It is alleged that on March 4, Scorpio owner Mansukh Hiran was killed. The prosecution submitted that Hiran was the “weak link” and was aware of the conspiracy. It was also submitted that had he been alive, the larger plot would have failed.
