Delhi High Court Has Territorial Jurisdiction To Hear Plea Against UAPA Sanction: Ex-Mumbai Cop Sachin Waze Claims
Dismissed Mumbai police officer Sachin Waze on Monday claimed before the Delhi High Court that it has the territorial jurisdiction to hear his challenge to the sanction granted under the Unlawful Activities Prevention Act (UAPA) in order to prosecute him in connection with Antilia bomb scare case.The case pertains to the recovery of 20 gelatine sticks (explosives) and a threat note in a...
Dismissed Mumbai police officer Sachin Waze on Monday claimed before the Delhi High Court that it has the territorial jurisdiction to hear his challenge to the sanction granted under the Unlawful Activities Prevention Act (UAPA) in order to prosecute him in connection with Antilia bomb scare case.
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 in Mumbai on February 25 last year and the subsequent murder of businessman Mansukh Hiran.
The matter was listed for hearing before a bench comprising of Justice Siddharth Mridul and Justice Anup J. Bhambhani.
The Central government has raised a preliminary objection to the maintainability of Waze's plea, stating that the alleged events occurred in Mumbai.
Waze on the other hand, represented by Senior Advocate Puneet Bali claims that since the sanction is issued by the Ministry of Home Affairs, the application of mind happened in Delhi and the courts here have the territorial jurisdiction.
Bali added that even the review authority is also situated in Delhi.
He also submitted that the sanction order is an order passed by the Government and therefore a High Court has jurisdiction and not a Trial Court. Bali distinguished it with cases such as Director, CBI & Anr. v Ashok Kumar Aswal, (2015) 16 SCC 163 and Dinesh Kumar v. Chairman, Airport Authority of India, (2012) 1 SCC 532 – where sanction orders were tested at the Trial Court level, as those were under Prevention of Corruption Act 1988 and not UAPA.
ASG Aman Lekhi, appearing for the Centre, contended that the sanction order cannot be challenged at this stage. However, Bali argued that sanction orders can be tested at the stage when the Court first takes cognizance under UAPA.
The hearing of the plea is to continue on 2 February 2022.
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.
The present 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.
Case Title: Sachin Hindurao Waze v. UoI & Ors., WP (C ) 88/2022