Sachin Waze Moves Delhi High Court Seeking To Quash Sanction Under UAPA In Antilia Bomb Scare Case

Dismissed Mumbai police officer Sachin Waze has moved the Delhi High Court seeking to quash the sanction granted under the Unlawful Activities Prevention Act (UAPA) in order to prosecute him in connection with Antilia bomb scare case.

The plea which came before a bench comprising of Justice Siddharth Mridul and Justice Anup J. Bhambhani on Monday was posted for hearing on January 24.

During the course of hearing, Advocate Puneet Bali appearing on behalf of Waze submitted that the Delhi High Court had territorial jurisdiction to hear the matter for the reason that the order granting sanction was passed by the Ministry of Home Affairs located in the city.

On the other hand, the petition was opposed by the Centre which had raised preliminary objections on the maintainability of the plea. It was argued that the petition should have been moved before the Bombay High Court for the reason that it was where the cause of action arose in the matter.

Accordingly, the Court asked Waze's lawyer to place all the copies of the judgment relied upon by him while listing the matter for hearing on January 24.

The plea seeks striking down of sec. 15(1) of the UAPA which relates to the terrorist act, by arguing that the provision is ultra vires of Article 14 and 21. It also seeks quashing of the sanction order of September 2, 2021 passed by the Central Government.

Background

The case pertains to the recovery of 20 gelatine sticks (explosives) and a threat note in a Mahindra Scorpio vehicle near industrialist Mukesh Ambani's house on February 25 last year and the subsequent murder of businessman Mansukh Hiran.

Waze was arrested in the case on March 13. His pleas for default bail have repeatedly been rejected.

Waze used extortion money he collected from bar and orchestra owners to execute the terror threat to businessman Mukesh Ambani's family and eliminate Mansukh Hiran, a "weak link" in the conspiracy, the NIA alleged in its charge sheet earlier this month.

The agency claimed that the motive behind Waze's alleged crime was to re-establish himself as a "super cop" to regain lost glory following his reinstatement in the Mumbai Police force in 2020, after 16 years.

The NIA has accused Waze and 9 others under sections 302(murder), 120B (conspiracy), 201 (destruction of evidence), 364 (kidnapping), 403 (dishonest misappropriation of property) of the IPC and sections 16(punishment for a terrorist Act), 18(punishment for conspiracy) & 20(punishment for being a member of a terrorist gang) of UA (P) Act.