Mumbai: Addressing the absence of formal statements from industrialist Mukesh Ambani and his wife Nita Ambani in the 2021 Antilia bomb scare case chargesheet, NIA said legally, some witness statements aren’t mandatory if the relevant facts can be established through other evidence. In its reply opposing dismissed police officer Sachin Waze’s discharge plea, it said it still “reserves its right” to call the Ambanis as witnesses later.“…there is no lack of evidence, or in other words, prejudice caused to the case of the prosecution and even to the accused, for not recording the statements of persons concerned of the Ambani family as there is sufficient evidence on record which would conclusively establish incriminating facts beyond doubt about the commission of terrorist acts by [Waze] and his co-accused,” the agency said. It said statements from the family’s security personnel already provided a conclusive link. On Feb 25, 2021, an SUV with explosives was found near Antilia, the Ambanis’ home in south Mumbai. The prosecution has said Mansukh Hiran, the vehicle owner, was murdered that March 4 because he knew of the conspiracy. Ten accused, including Waze and other dismissed police officers Sunil Mane and Pradeep Sharma, have been named. Waze, arrested that same month, moved the special NIA court this March seeking discharge, claiming the case was built on a “comedy of errors” and “farcical” investigative rituals. Defending the Union home ministry’s March 8, 2021, order invoking NIA Act in the case, the agency said the ministry exercised proper “application of mind” and adhered to the Act’s intent. “As evident from the threat note placed along with the explosives in the vehicle planted by Sachin Waze… himself on Carmichael Road, [it] was an act of terror on the part of [Waze],” said NIA. It said the intention was to terrorise wealthy individuals and extort money by creating fear. It said there is ample evidence that prima facie establishes that Waze was directly found involved in leaving the vehicle along with the threat note near Antilia. NIA said the phrase “agle baar connect hokar aayega” in the note showed Waze’s intention to continue terrorist acts and re-establish himself as a “super cop by staging a fake encounter”. Rejecting Waze’s argument that Unlawful Activities (Prevention) Act (UAPA) charges were inapplicable, NIA said the probe showed the accused committed heinous and serious offences attracting UAPA provisions. It said no sanction under Section 197 of Criminal Procedure Code was required to prosecute Waze because the acts were not committed in discharge of official duty.
