Antilia Bomb Scare Case: Special Court Criticises NIA For 'Incompetence', Questions Why Statements Of Ambani Family Not Recorded

While ordering release of controversial cop Sachin Waze in the Antilia Bomb Scare Case, a special court on Tuesday (September 29) criticised the National Investigation Agency (NIA) for its 'incompetence' in handling the case by waiting for a 'Shubh Muhurat' to record statements of Industrialist Mukesh Ambani and his family members, whom the agency claims, the accused wanted to 'terrorise.'

Special Judge Chakor Baviskar noted that he NIA claimed that Waze, who was suspended earlier, was 'reinstated' and thus, to regain his 'lost glory' and to earn easy wealth, he targeted the industrialist Ambani family by parking an explosives-laden car nearby their posh South Bombay-based house named Antilia. The judge noted that the prosecution alleged that Waze did this only to terrorise the Ambani family, more particularly Mukesh Ambani and his wife Nita Ambani, as a threat note placed in the vehicle read "Nitabhabi aur Mukesh Bhyya, agle baar connect hokar aayega." (Nita and Mukesh, next time the explosives would be functional).

"It is pertinent to note that, the prosecution is not coming up with any specific case that, to whom present applicant wanted to terrorise i.e. in whose minds he wanted 'to create terror'. It is the Investigating Agency i.e. the NIA on its own, presuming just by reference of names in the so called threatening note that, applicant wanted to terrorise the prominent industrialist Mukesh Ambani and his wife Neeta Ambani and may be some other family members of Ambani family. May be....the NIA broadly presumes that, applicant wanted to create terror in the minds of Ambanis, perhaps to extract money from them. This is quite hypothetical on the part of the NIA. There is literally no iota of material to show any demand of money by this applicant to the Ambanis. Not a whit," Judge said. 

The judge further stated that even if the case of the NIA is accepted that Waze wanted to create terror in the minds of the Ambanis, yet the agency failed to bring on record anything to show that any terror was created in the minds of anyone, least in the minds of the Ambanis. 

"Because till this moment, there is no statement recorded under section 161 or section 164 of the Code of Criminal Procedure, of any of the family members of the Ambanis, nor of their near and dear relatives. Not even a single. On being asked about the reason for not recording statement of any of the family members of the Ambanis, the NIA, very conveniently and casually submits that, 'investigation is not completed yet, further investigation is going on and Supplementary Charge-sheets are being filed one after another'," the judge pointed out. 

The judge sought to know the 'Shubh Muhurat' for which the NIA has been waiting for the last six years, for recording the statements of the Ambani family, who are portrayed as the targets of the crime, especially when the NIA office is situated just next to the Antilia building, where the Ambanis live. 

"If it be so, why statement during investigation of anyone of the targets is not recorded by the NIA, remains a mystery. The prosecution just cannot escape saying casually that 'investigation is still going on and in due course, if felt necessary, their statements may be recorded.' No one knows which Muhurat (good appropriate and auspicious time) the NIA is waiting for to record statement of any of the targets of the alleged terror, after such long gap of 5-6 years already lapsed after the incident. Even if in future the NIA chooses to record statement of anyone of the alleged targets of the alleged terror, certainly, it would have ruined its spontaneity and resultantly, probative value as well," the judge observed. 

The judge further said that there is absolutely nothing on record even to infer by any stretch of imagination that the Ambanis or any of them were ever terrorised in any manner as they continued with their day-to-day activities and businesses and living their normal lives.

"Day-to-day business of the Ambanis does not appear to have been disturbed even for a minute, soon after the incident till this moment. At least there is nothing to appear otherwise. It is not known to anyone that, whether anyone of the Ambanies ever came to know about the fact that, any explosives laden vehicle was ever parked near their residence. They or any one of them till this moment not come forward either to lodge complaint or even to offer statement during investigation. The NIA wants to stretch the task of further investigation and to go on filing Supplementary Charge-sheets one after another for the perpetuity. It is not the case of the NIA that, since after and due to the incident that, the industrialist and his family members left the residence and are not traceable. No. They all are in and around the residence and in the city enjoying the life and doing all the possible businesses of mankind as like before the alleged incident, argued the advocate for applicant and with substance in my opinion," the judge opined. 

Not being able to record the statements of any member of the Ambani family shows the incompetence of the NIA, the judge said.

"It is again pertinent to note that, office of the Investigating Agency i.e. of the NIA and the Antilia, i.e. residence of the Ambanis, are literally just wall to wall adjacent ! So what prevented the NIA from recording statement of anyone of the targeted family members is better known to the NIA itself. If this is not incompetence of the NIA then, this lassitude has to be seen with great pity and compassion," the judge remarked. 

On merits of the case, the judge noted that Waze has been charged with section 15 of the Unlawful Activities (Prevention) Act (UAPA) for conspiring to execute a terrorist act, which threatens the unity, integrity, security (including economic security) or sovereignty of India in any manner. 

The judge noted the contention of the NIA that if anything wrong happens to any prominent industrialist in India, it would cause loss to the economic security of the nation to some extent, however, rejected the contention and held that merely threatening an industrialist or extorting money from them would not attract penalty under section 15 of the UAPA.

"True. But in that case also, it would not come within the ambit of Section 15 of the UAPA, as damage to economic security and to monitory stability of India to come in the Section, has to be by way of 'production or smuggling or circulation of high quality counterfeit Indian paper currency, coin or of any other material' and not by way of threatening any industrialist or corporate tycoon for extortion of money howsoever high he may. In our case, no one is ever threatened by any one for anything, no one parted anything due to such threat/s, no wrongful gain or wrongful loss to anyone is caused by such threats," Judge Baviskar held. 

With these observations, the special court granted bail to Waze on a surety of Rs 50,000. However, to ensure that he does not interfere with the trial proceedings, the court has ordered him to live outside Mumbai, Navi Mumbai, Raigad, Thane and Palghar - these five districts and enter the same only to attend the trial. 

"After the Court proceeding on the fixed dates of this case, applicant shall forthwith leave territorial jurisdiction of these Districts and shall forthwith go to his residence, which shall be beyond the territorial jurisdiction of these Districts and shall report to the local/ jurisdictional police station about his return from Court dates," the judge ordered. 

Appearance:

Advocates Sajal Yadav, Arti Kalekar, Shalabh Saxena, Harsh Ghangurde, Raj Raut, Aayushya Geruja and Nihal Rebello appeared for Waze.

Special Public Prosecutor Sunil Gonsalves represented the NIA.