Nishka Srinivas Veluvali
Published On: January 27, 2022 at 18:18 IST
Dismissed Police Officer Sachin Waze on January 24, 2022 asserted that the Delhi High Court has Territorial Jurisdiction to consider his Plea questioning the Sanction granted under the Unlawful Activities Prevention Act (UAPA) in order to Prosecute him with respect to the Antilia Case.
The Antilia Bomb scare Case pertains to the recovery of almost 20 gelatine explosive sticks along with a threat note in a Mahindra Scorpio vehicle near the Industrialist Mukesh Ambani’s residence in Mumbai on February 25, 2021 which was later connected to the Murder of businessman Mansukh Hiran.
This matter was being heard by the Bench of Justice Siddharth Mridul and Justice Anup Bhambhani.
The Central Government questioned the validity of Waze’s Plea as the reported events had occurred in Mumbai.
In response to this question, Sachin Waze’s Counsel Senior Advocate Puneet Bali asserted that the sanction was issued by the Ministry of Home Affairs, application of mind was done in Delhi, thus the Courts of Delhi have Territorial Jurisdiction over the matter.
Advocate Bali further added that the Review Authority too is situated in Delhi and also submitted that the sanction Order was passed by the Government, so the Delhi High Court has Jurisdiction over the Case and not the Trial Court.
Additional Solicitor General Aman Lekhi, representing the Centre informed the Court that the Sanction Order cannot be quizzed at this stage but Advocate Bali argued that Sanction Orders can be challenged after the Court first takes cognizance of the same under UAPA.
Sachin Waze, was Arrested on March 13, 2021 on the Allegations of Extorting money from bars, restaurants or orchestra owners in order to execute terror threat to Mukesh Ambani and to Murder Mansukh Hiran.
The current Plea requests to put down Section 15(1) of UAPA which refers to the Terrorist Act by arguing that it violates Article 14 and Article 21. The Plea also seeks to cancel the Sanction Order issued by the Central government on September 02, 2021.
The High Court has Adjourned this matter for 02, February, 2022.
Also read: Recent Judgements on Unlawful Activities Prevention Act