Suspended Mumbai police officer Sachin Waze, through his brother, Sudharma has filed a habeas corpus petition in the Bombay High Court seeking immediate release from his arrest and detention by the National Investigation Agency “Illegal”.
On 25 February 2021, Waze was arrested by the National Investigation Agency on Saturday in connection with his involvement in an explosive-laden vehicle and a threat letter found near Mukesh Ambani’s house in Mumbai. He was remanded to NIA custody till 25 March.
In a petition filed on Monday under Article 266, his brother said that there were several flaws in Wage’s arrest and violation of the CRPC provisions. It claims that he was not served under the CrPC with a 41 (a) notice, was not given a copy of the FIR, nor explained the reasons for his arrest, it claims.
The brother has alleged “ulterior motives” and “political agendas” for the arrest of waze by the central agency.
The brother therefore prays that the waze be constructed in front of the court and the NIA justifies his detention.
This Hon’ble Court may be pleased to issue an order / instruction before this Hon’ble Court to produce the brother of the petitioner and justify his detention as per the procedure established by law and respond to them after hearing the parties;
The petition cites the decision of the Supreme Court of India in the case of DK Basu v / s. The state of West Bengal provides a checklist for an imminent arrest.
