Bombay High Court rejects Sachin Waze’s petition in Antilia bomb scare case

Bombay High Court dismisses Sachin Waze's habeas corpus petition in Antilia bomb scare case, citing lack of official capacity.

The Bombay High Court on Thursday (March 6, 2025) dismissed a habeas corpus petition filed by the former Mumbai police officer Sachin Waze, who alleged that his arrest and custody in the Antilia bomb scare case were unlawful.

A Division Bench of Justices Sarang V. Kotwal and S. M. Modak said the dismissed police officer was not acting in his official capacity when he was arrested for planting an explosives-laden vehicle outside Antilia, the residence of industrialist Mukesh Ambani, and for the murder of businessman Mansukh Hiren.   

Also Read | Antilia bomb scare case: Supreme Court grants bail to ex-cop Pradeep Sharma

“In the given set of facts, by no stretch of imagination, it can be said that the petitioner was acting or was purportedly acting in his official capacity duties when he planted the vehicle on Carmichael Road or when he conspired and executed the murder of Mansukh Hiren. Therefore, we do not find any substance in this submission that the NIA (National Investigation Agency) should have obtained consent from the State government before effecting his arrest,” the Bench observed.  

The court order mentioned, “Considering all these aspects, we are of the opinion that no relief can be granted in terms of the prayers mentioned in this petition. It is made clear that the reference to the merits and facts of the case is made only for the purpose of deciding this petition. The trial court, at an appropriate stage, shall decide the trial in accordance with law on the basis of the evidence produced before it. Accordingly, the writ petition is dismissed.”  

On February 25, 2021, an explosives-laden vehicle was discovered outside Mr. Ambani’s residence in south Mumbai which belonged to businessman Mansukh Hiren, who was found dead in Thane’s creek on March 5, 2021. Following which, Mr. Waze was arrested on March 13, 2021, for his alleged involvement in both incidents. He was charged under Sections 16 and 18 of the UAPA for the commission of terrorist activities.  

Mr. Waze’s petition on April 24, 2024, sought habeas corpus relief alleging that his arrest was illegal and was a gross violation of his fundamental rights. He also stated that his trial did not commence for over 1,400 days. The petition also said the procedure established for remand of custody as per Section 309 (2) was not followed and that a wrong presiding officer remanded him in custody which makes his detention illegal and that is a violation of Section 45 (2) of the Criminal Procedure Code (CrPC).