Court says Waze’s arrest by NIA not illegal, rejects plea

Sachin Waze

The special NIA court has rejected suspended police officer Sachin Waze's plea that his arrest is ‘illegal'. The court termed the plea as premature but allowed for Waze's lawyer to be present during interrogation at a visible distance.

Advocate Sajal Yadav, who appeared for Waze, arrested by the NIA in the Ambani bomb scare case, told the court that the arrest of a police officer is protected under Section 45 (protection of members of the Armed Forces from arrest) of the Code of Criminal Procedure (CrPC), 1973. However, special public prosecutor Sunil Gonsalves appearing for the NIA argued asking if Waze performing his official duty?

"There is not a single submission which says that he was performing his official duty. The arrest of Waze is not illegal," Gonsalves told the court.

Gonsalves later highlighted the sub-section of Section 45 of CrPC saying: "The State Government may, by notification, direct that the provisions of sub-section (1) shall apply to such class or category of the members of the Force charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section shall apply as if for the expression "Central Government" occurring therein, the expression "State Government" were substituted."

Sajal had argued on Monday that there is no CCTV camera in the interrogation room or in the NIA lock-up and that they feared third-degree torture against Waze. Gonsalves had then sought for a day's time to respond. "The NIA Mumbai is equipped with CCTV cameras and the interrogation room as well as lock-up of NIA, Mumbai is under the surveillance of CCTV," Gonsalves told the court on Tuesday.

Sajal also asked the court to let him be present with Waze during NIA interrogation. The court only partially agreed to the request and allowed an advocate to be present at ‘visible but not audible distance'.