Bombay HC Judges Recuse From NIA Plea Challenging Sachin Waze’s Bail In Antilia Bomb Scare & Mansukh Hiran Murder Case

Bombay High Court Justices Bharati Dangre and Ashish Chavan recused themselves from hearing the NIA’s plea challenging Sachin Waze’s bail in the Antilia bomb scare and Mansukh Hiran murder case. The matter will now be placed before the Chief Justice for assignment to another bench.

Bombay HC Judges Recuse From NIA Plea Challenging Sachin Waze’s Bail In Antilia Bomb Scare & Mansukh Hiran Murder Case |

Mumbai: Justices Bharati Dangre and Ashish Chavan of the Bombay High Court on Tuesday recused themselves from hearing the National Investigation Agency’s (NIA) plea challenging the bail granted to former police officer Sachin Waze in the Antilia bomb scare and Mansukh Hiran murder case.

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Justice Dangre pointed out that she had earlier recused herself from a plea filed by Waze in a separate case involving a politician. Justice Chavan, meanwhile, disclosed that he had earlier represented the Central Bureau of Investigation (CBI) in a different matter.

In view of these circumstances, the bench directed that the NIA’s plea be placed before another bench of which neither judge is a member.

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“It is directed to place this matter before another bench to which neither of these judges are party,” the court said in its order.

Additional Solicitor General Anil Singh, appearing for the NIA, informed the court that the agency had approached another bench on Monday evening seeking a stay on the execution of the bail order. A bench headed by Justice Sarang Kotwal had also recused itself from hearing the matter on Monday evening. 

The court noted the difficulty faced by the NIA in finding a bench to hear its plea. Justice Dangre said the circumstances required the matter to be placed before another bench. 

The matter will now be placed before the Chief Justice for assignment to another bench.

Earlier on Tuesday, the special NIA court granted bail to Waze, observing that the alleged act of parking a vehicle containing gelatin sticks near industrialist Mukesh Ambani’s residence, Antilia, did not constitute a terrorist act. The court also held that the murder of Thane businessman Mansukh Hiran was not linked to the Antilia bomb scare.

After the bail order was pronounced, the NIA sought a stay on its execution, stating that it intended to challenge the order before the High Court. The special court rejected the request, paving the way for Waze’s release.

On February 25, 2021, a Scorpio containing 20 gelatin sticks and a threat note was found parked near Antilia. The vehicle belonged to Hiran, who had earlier reported it stolen. On March 5, 2021, Hiran’s body was recovered from a creek near Mumbra.

Waze was arrested on March 13, 2021, for his alleged role in the case. During arguments on his fourth bail application, his lawyers Sajal Yadav, Salabh Saxena and Aarti Kalekar argued that the provisions of the Unlawful Activities (Prevention) Act were not applicable.

While granting bail, the special court noted that Waze had served in the police department for several years and had deep roots in society. It said there was no material to support the NIA’s apprehension that he would flee if released, while observing that necessary precautions could be taken.

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