Mumbai: Dismissed cop Sachin Waze moved the special NIA seeking discharge in the case relating to the alleged recovery of explosives near the residence of industrialist
Mukesh Ambani and the subsequent death of automobile parts dealder Mansukh Hiran. Waze has argued that the entire prosecution is built upon a "comedy of errors" and "farcical" investigative rituals that fail to meet the legal standards required to sustain a trial.
"During this undue prolonged incarceration, I have come to the conclusion that I am so unfortunate that my liberty has been curtailed not based upon ‘evidence', but based upon a rhetoric which is full of comedy of errors and thus, have classic satiric values.
Exemplary support to my such feeling can be drawn from various case papers," the plea said.
Waze submitted that the prosecution failed to establish any intent to strike terror, suggesting the incident was at most a "hoax" or "prank" that did not disturb public order or cause panic among the general population. Challenging the terror charges, he argued that the mere presence of unexplodable gelatin sticks does not constitute a terrorist act.
The application said that the Unlawful Activities (Prevention) Act was invoked without jurisdiction and that the technical evidence relied upon by the National Investigation Agency is fundamentally flawed and technologically impossible. He also the questioned the validity of the gait analysis. CCTV footage had allegedly shown Waze's complicity, the prosecution had alleged.
"As a matter of fact, and record that I have absolutely no motive to murder Mansukh and also as a matter of record that the farcical analysis test conducted on CSMT and Kalwa stations do not form evidence in the entire chargesheet," the plea said.
On Feb 25, 2021, a Scorpio vehicle with explosives was found near Antilia, industrialist Mukesh Ambani's south Mumbai home. It was alleged that on March 4, 2021, the Scorpio owner Hiran was murdered. The prosecution submitted that Hiran was was aware of the conspiracy. Ten accused, including dimissed cops Sunil Mane, Sachin Waze and Pradeep Sharma, are named in the case. Sharma and Mane are out on bail.