The Bombay High Court on Thursday rejected a habeas corpus petition filed by former Mumbai Police officer Sachin Waze, in which he challenged the legality of his arrest and sought release in the Antilia Bomb Scare case.

The division bench, comprising Justices Sarang Kotwal and Shriram Modak delivered the verdict. Waze was taken into custody by the National Investigation Agency (NIA) on March 13, 2021, for allegedly placing an explosive-laden vehicle near the Mumbai residence of industrialist Mukesh Ambani.

He faces charges under Sections 16 and 18 of the Unlawful Activities (Prevention) Act (UAPA) for alleged involvement in terrorist activities.

Waze filed the habeas corpus petition on April 24, 2024, challenging his alleged illegal detention and seeking relief. He claimed that his fundamental rights had been grossly violated since his arrest and highlighted that his trial had not commenced even after more than 1,400 days. In his plea, Waze argued that the procedure for remand under Section 309(2) of the CrPC was not followed in his case.

He further alleged that he was remanded to custody by an incorrect presiding officer or authority, rendering his detention unlawful.

Waze further contended that his arrest violated Section 45(2) of the CrPC. The provision stipulates that members of the Armed Forces, designated by the State government as responsible for maintaining public order, cannot be arrested for acts performed in the discharge of their official duties without prior consent from the Central Government.

He argued that this safeguard was not adhered to in his case, rendering his detention unlawful.

Waze's plea also argued that there was no valid order authorizing his detention for nearly three days following the filing of the chargesheet. He contended that the Special Court took cognizance of the offence in a mechanical manner, without having the complete case record before it.  

The petition was opposed by special counsel Sandesh Patil, who was assisted by advocate Chintan Shah.