The Delhi High Court today dismissed a plea by former Mumbai Police officer Sachin Waze seeking to quash the sanction granted to prosecute him under the provisions of the Unlawful Activities Prevention Act (UAPA) in connection with the Antilia bomb scare case.
The petition is dismissed for lack of territorial jurisdiction, said a Bench of Justice Mukta Gupta and Justice Anish Dayal.
The Centre had earlier opposed the petition by Waze on grounds that it was not maintainable before the Delhi High Court and it should have been filed before the Bombay High Court as everything related to the case happened in Mumbai.
Waze had claimed that the Delhi High Court has the territorial jurisdiction over the issue as the sanction order was passed by the Union Ministry of Home Affairs (MHA), which is located in the national capital.
The plea, filed through advocate Chaitanya Sharma, sought to strike down section 15(1) of the UAPA, relating to terrorist act, claiming that it is ultra vires of Article 14 (equality before law) and 21 (protection of life and personal liberty) of the constitution.
It also sought to quash and set aside the sanction order of September 2, 2021 passed by the Centre and grant consequential relief.
The MHA had given the sanction for prosecution of Waze in September last year in the case of an SUV with explosives being found near industrialist Mukesh Ambani's house in Mumbai and the murder of businessman Hiren Mansukh.
According to a release of NIA, the charge sheet was filed under various provisions of the IPC, including murder, criminal conspiracy, kidnapping and negligent conduct with respect to explosive substances and under the provisions of the UAPA, Explosive Substances Act and Arms Act.
The SUV was found near Antilia on February 25, 2021. Mansukh, who had claimed that the vehicle had been stolen from his possession, was found dead in a creek in Thane on March 5 last year.
With PTI inputs