Delhi HC dismisses plea by sacked Mumbai top cop Sachin Waze challenging prosecution under UAPA

The Delhi High Court on Friday dismissed a plea by sacked Mumbai top cop Sachin Waze challenging a sanction order to prosecute him under UAPA in relation to the Antilia bomb scare case and said it has no territorial jurisdiction

The Division Bench of Justice Mukta Gupta and Justice Anish Dayal on Friday dismissed the plea of Waze. He had approached the Delhi High Court for quashing the prosecution sanction granted under the Unlawful Activities Prevention Act (UAPA) against him.

The bench while passing the order said the plea is rejected for lack of territorial jurisdiction. Earlier, Senior Advocate, Puneet Bali appeared for the petitioner and argued that the Delhi High Court has the territorial jurisdiction to entertain the said Petition in view of Article 226(2) of the Constitution of India as impugned Order granting Sanction to prosecute the Petitioner was passed by an authority in New Delhi, hence, substantial cause of action has arisen within the jurisdiction of this Court.

Senior Advocate Puneet Bali further submitted that the petitioner has also further challenged the vires of Section 15(1) of the UAPA.

Upon a question of the Bench regarding whether an issue of Sanction can be challenged at this stage or will be a matter of trial, Bali argued that due to the issuance of Sanction to prosecute the Petitioner under UAPA prejudice has been immediately caused to the Petitioner in as much as, with the invocation of UAPA the twin limitation on grant of bail as well as the right to be released on statutory bail under Section 167(2) CrPC is taken away.

It was also argued by the petitioner's lawyer that as the prejudice is immediate and affects the fundamental rights under Article 21, the petitioner has rightly challenged the sanction at this stage.

Earlier, the Ministry of Home Affairs (MHA) had given the sanction for Waze's prosecution in September 2020 for his alleged role and involvement in the Antilla bomb scare case. The case is being probed by the National Investigation Agency.

A car carrying unassembled explosive materials was found abandoned at Carmichael Road in South Mumbai on February 25 2021, near the house of Reliance Industries chairman Mukesh Ambani. The owner of the vehicle was later found dead in a creek in the Thane district.

Maharashtra ATS is investigating the case.