UAPA slapped on Vaze, court asks ATS to hand over papers to NIA
In twin developments relating to the arrested police officer Sachin Vaze, the National Investigation Agency (NIA) on Wednesday invoked the stringent Unlawful Activities Prevention Act (UAPA) against him in the explosive laden SUV recovery case, while the Thane court directed Maharashtra’s Anti-Terrorism Squad (ATS) to stop the investigation into businessman Mansukh Hiran’s alleged murder and hand over case papers to the NIA immediately.
A day ahead of his production before a special NIA court on expiry of his remand, the NIA booked Vaze under Sections 16 (Punishment for Terror act) and 18 (Punishment for conspiracy) of the UAPA.
Vaze, who was arrested on March 13 in connection with the gelatine sticks laden Scorpion recovery case, was earlier booked under sections 120 (B) (criminal conspiracy) 286 (negligent conduct with respect to explosive substance), 465 (forgery) 473 (making or possessing counterfeit seal) and 506 -2 (criminal intimidation) of the Indian Penal Code (IPC) and 4 (a)(b)(i) of the Explosive Substances Act, 1908.
It may be recalled that the police had recovered 20 gelatin sticks and a letter was recovered from what was later described as Mahindra Scorpio that was found abandoned in the vicinity of Mukesh Ambani’s 27-storey residence “Antilia” on Carmichael Road in south Mumbai on February 25.
The Thane court order came a day after the ATS named Vaze as a prime suspect in the alleged Hiran murder case.
“…in the present case, police officer of ATS shall not proceed with the investigation in this crime and transmit all relevant documents and records to the concerned NIA office without any delay,” Chief Judicial Magistrate, Thane, PP Ingale ruled.
On her part, Assistant Public Prosecutor Supare who appeared for the ATS had earlier argued that there was no direction from the State Government to transfer the investigation of the case to the NIA. She told the court that as per sub-section 7 of section 7 of the NIA Act, the Central agency had not taken up the case yet. Hence, she said it was the duty of the ATS to continue with the probe and that the application made by the NIA was not maintainable.
Additional Solicitor General Anil Singh told the court that as per the Sub-section 6 read with Section 8 of the NSIO Act, 2008, the Union Government had directed the NIA to take over the investigations into the case from the ATS as the case was connected with the explosive laden SUV case. “As per the direction of the Central Government, the State Government and ATS shall not proceed with the investigation and shall forthwith transfer relevant documents and records to the agency as per Sub-section 6 of Section 6 of the NIA Act,” Singh told the court.
In his ruling directing the ATS to stop investigations into the alleged murder of Hiran and hand over the case papers to the NIA, the CJM observed: “Considering sections 6 and 8 of the NIA Act, it clearly shows that, as per Sub-section of Section 6 which reads --- “Whether any direction has been given under Sub-section 5 of Section 6, the State Government and any police officer of the State Government investigating the offence shall proceed with the investigation and shall not forthwith and shall transmit the relevant documents and records to the Agency (NIA). In the present crime, the Central Government has given directions to the NIA under Section 6 and 8 of the NIOA Act to investigate the crime as it is connected with the scheduled offence,” the CJM observed.
Mansukh Hiran, a Thane-based businessman whose “stolen” SUV with 20 gelatin sticks was recovered by the police near Industrialist Mukesh Ambani’s skyscraper mansion “Antilia” in south Mumbai on February 25, was found dead in the Reti Bunder creek area at Mumbra-Kalwa on March 5.
After the recovery of Hiran’s body, the role of Vaze came under the scanner with the wife of the deceased businessman Vimala suspecting that the police office might have had a role to play in the death of her husband. The Opposition BJP had demanded Vaze’s suspension and arrest.
On its part, the ATS on March 21 arrested convicted Mumbai Police constable Vinayak B. Shinde (51) and a cricket bookie Naresh R Gor (31) in connection with Hiran’s alleged murder.
Shinde and Gor are said to be accomplices of Sachin Vaze, who is currently in the custody of the NIA in the explosive SUV planting case.
Shinde is a dismissed policeman, who has been convicted in the case involving the fake encounter of Ramnarayan Gupta alias Lakhan Bhaiya. Bhaiya was killed in a fake encounter on November 11, 2006. In 2013, a Mumbai sessions court had awarded life sentences to 21 people, including 13 Mumbai Police personnel, convicted in the case.
Shinde has been on parole. The investigations by the ATs have revealed that Shinde was in regular touch with Vaze and helped the latter in his activities.
Talking to mediapersons here, ATS Additional Director-General of Police Jai Jeet Singh had said: “In our investigations, we have found evidence to suggest that Vaze was involved in the alleged murder of Mansukh Hiran. There are several suspects in the case. Vaze has denied his role in the murder. His statement does not hold water”.
“As part of our ongoing technical investigations into the case, we have come to know that one of the arrested accused Naresh Gore had obtained a SIM card for another arrested accused Vinayak Shinde, a convicted police constable, from a person known to him from Gujarat Vaze’s link to the case has been established on the basis of this SIM card. After we established this, we arrested Shinde and Gore,” Singh had said.