A special court has rejected the discharge plea of dismissed Mumbai policeman Riyazuddin Kazi, booked in the Antilia terror scare case, observing that Kazi had given a go-by to procedure to destroy evidence at the behest of colleague and main accused Sachin Waze. Kazi was arrested along with nine others in 2021.
The National Investigation Agency (NIA) charged him under sections pertaining to criminal conspiracy and destruction of evidence, while Waze and others were also booked on charges of anti-terror law, Unlawful Activities (Prevention) Act. Kazi, who is out on bail, had sought discharge on the grounds including that he had merely followed orders of Waze, who was the investigating officer of the case initially. The NIA claims that Kazi, an assistant inspector then, had seized the Digital Video Recorders of the housing society of Waze at his instance, in a bid to destroy evidence.
“…in order to disappear the evidence and screen the offender, the applicant, at the instance of the accused no.1–Sachin Waze collected the DVRs, CPU, etc to destroy the evidence. Ultimately, the applicant aided and abetted for the commission of the offence under UAP Act. It also seems that the applicant has given go by to all the procedure in order to destroy/destruct the evidence,” special judge A M Patil said in an order on Wednesday.
Ten persons, including Waze are facing charges, for allegedly planting gelatin sticks in an SUV car and parking it near the residence of industrialist Mukesh Ambani at Carmicheal Road on February 25, 2021. The case also includes charges of murder for the killing of Thane resident Mansukh Hiran, who was linked to the SUV.
Kazi through his lawyer Chandansingh Shekawat said he was only following Waze’s orders as a diligent officer and was not privy to any conspiracy. He also submitted that none of the other police officers concerned with the seizure of the DVRs were made accused but instead they were made witnesses. Special public prosecutor Sunil Gonsalves opposed the discharge plea stating that there were statements of various witnesses pointing towards Kazi’s involvement in destroying evidence.
The court considered the submissions that witness statements show that Waze had on March 9, 2021, days before his arrest, visited Mithi river to throw CPU and DVR to destroy evidence. The court said that Kazi despite knowing that the articles being destroyed by Waze were part of a ‘terrorist act’, had not opposed it and had knowledge about Waze’s actions. The court relied on the statement of an ACP to whom the probe was transferred from Waze-led Crime Intelligence Unit, who said that Kazi had not cooperated with the probe and not handed over seized articles.
“It shows the attitude of the present applicant towards duty. Prima facie, it appears from the previous and subsequent conduct of the applicant that he was having knowledge of the main object/purpose of the conspiracy hatched for placing the gelatin-laden vehicle at Carmichael Road,” the court said.
The trial in the case is yet to begin.
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