Sachin Vaze, a senior police officer, is seen outside Police Commissioner’s office in Mumbai, India, March 10, 2021. Picture taken March 10, 2021. REUTERS/Stringer NO ARCHIVES. NO RESALES.
| Photo Credit: Reuters
Justice Bharati Dangre of the Bombay High Court on Tuesday (August 27, 2024) recused from passing orders or further hearing of the habeas corpus petition filed by former Mumbai Police officer, Sachin Hindurao Waze.
Earlier this month, on August 19, a Division Bench of Justices, Bharati Dangre and Manjusha Deshpande after hearing the case at length, had directed the National Investigating Agency’s [NIA] to file its affidavit in response to Mr. Waze’s petition who is seeking immediate release . He is an accused in a case related to corruption charges that also involves the name of the former Minister for Home Affair, Government of Maharashtra and Nationalist Congress Party (Sharad Chandra Pawar) leader Anil Deshmukh — who is out on bail. The former police officer has challenged his detention in the case. The Bench, after hearing the submissions in the plea, had reserved the case for orders on August 27 but when the case was called out for passing the order, Justice Dangre recused from dealing with the matter citing personal reasons.
“I did not realise then that this matter also involved Anil Deshmukh. Due to some personal reasons, I will have to recuse from this case. I cannot hear pleas related to this case. I cannot pass any order. Let this matter not be placed before me,” Justice Dangre said. The petition will be now placed before another Division Bench for a hearing.
Mr. Waze’s argument in the petition is that all the other accused in the case are out on bail but him, even though he is the approver in the case, he is being held in custody for an indefinite period. In his writ petition seeking bail, he claims that despite the special Central Bureau of Investigation [CBI] court granting him a pardon, he spent two years in Taloja Central Prison in Navi Mumbai without a single chargesheet filed against him.
The detained policeman, Mr. Waze was arrested in February 2021, after a Mahindra Scorpio was found near industrialist, Mukesh Ambani’s residence, Antilia. The vehicle was found carrying 20 gelatin sticks [explosives] and a note. The vehicle was also found to have a fake number plate and a theft F.I.R. for the car was registered by business Mansukhlal Hiren.
Mr. Waze was then heading the investigation in the case and had summoned Mr. Hiren multiple times before he went missing and later found dead. Mr. Hiren’s wife had filed a complaint alleging foul play in the case against the dismissed cop, Mr. Waze.
Maharashtra government transferred the case to Anti-Terrorist Squad and later, on the direction of Ministry of Home Affairs, the case was handed over to NIA. The investigation revealed that Mr. Waze along with other co-accused had committed serious offences under Sections 16, 18, and 20 of the U.A.P.A.
On the direction of the High Court, the CBI, in April 2021, the CBI had registered an F.I.R. against Mr. Deshmukh, Waze and others for their allegedly collecting bribe of ₹100 crore per month from bar owners in Mumbai. The petition copy also reads that in June 2022, the investigating agency, CBI, had made Mr. Waze an approver in the case under Section 306 of the Criminal procedure Code [CrPc]. Despite being a witness in the case, Mr. Waze argued that his bail plea has been rejected by the special court whereas, other accused in the case are out on bail.
