Mumbai: Sudharm Vaze, brother of Mumbai cop Sachin Vaze has filed a Habeas Corpus petition before the Bombay High Court challenging Sachin Vaze’s detention by the National Investigation Agency (NIA) in connection with explosives-loaded SUV found outside billionaire businessman Mukesh Ambani’s residence in Mumbai on February 25.
In his plea, Sudharm has sought an order from the Court to produce his brother and to justify his detention in accordance with the procedure established by law.
The petition contends that the haste in which Vaze was arrested showed that his brother was being used as a scapegoat to further political agendas of big parties.
“The haste in which the Petitioner’s brother was arrested clearly shows some ulterior motives and huge political influence and interference with the sole intent to use the Petitioner’s brother as a scapegoat to further certain political agendas of some big, interested parties,” the petition states.
The petitioner has submitted that he “fears for his brothers’ life and limb” as the NIA officers can go to “any extent to extract an illegal and false confession” from Vaze.
“The Petitioner’s brother had even sent a WhatsApp message to his near and dear ones right before his arrest that he may be trapped by his fellow officers and this time he may not survive this ordeal,” the plea claims.
According to the petition, on March 7 at the instance of one Vimla Hiren an FIR came to registered by the Anti-Terrorist Squad, Mumbai against unknown persons in relation to the death of Mansukh Hiren, her husband.
According to her, Sachin Vaze was responsible for the death of her husband.
As the death of Mansukh Hiren became a sensational topic for the media and the society, the concocted allegations of his wife were paid heed to, the petition contends.
To the surprise of Vaze’s family, on March 8, an FIR came to be registered against unknown persons by the NIA in connection with the explosives-loaded SUV found outside Ambani’s residence listing charges of negligent conduct with explosive substances, forgery and making counterfeit seal.
According to the petitioner, due to the baseless allegation by the deceased’s wife in the media, the entire media fraternity and society started targeting Sachin Vaze “as they wanted a scapegoat to pin this entire conspiracy on”.
“The Petitioner’s brother was made that scapegoat by certain political powers by using Mrs. Vimla Hiren,” it has been alleged.
Fearing his arrest, Sachin Vaze moved the Sessions Court, Thane seeking anticipatory bail which was denied.
According to the petitioner, while his brother was preparing to approach the High Court, the NIA officers called him to visit their office in Cumbala Hill for interrogation.
The petitioner stated that petitioner’s brother was not served with a notice under Section 41(a) of the Code of Criminal Procedure to appear before the police officer.
Waze was allegedly interrogated for more than 10 hours by the NIA officers before his sudden arrest at 11 pm without stating any reasons.
The plea states that neither were the family members of Vaze provided with a copy of the FIR nor were they informed about the reasons for his arrest. The family allegedly came to know of the illegal arrest through the media.
The petitioner states that his brother had no intention to abscond and had even visited the NIA’s office when they called him which indicates his inclination to co-operate with the investigation.
“If the Petitioner’s brother had any intention to flee from justice then he would have never visited thr office of the Respondent,” the plea reads.
The petition further claims that not a single guideline laid down by the Supreme Court judgment in DK Basu case was followed and hence his fundamental rights were violated.
Waze was remanded to NIA custody on Sunday after the special court deduced from the material before it that custodial interrogation was necessary. He has been remanded till March 25, 2021.