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 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.