Antilia bomb scare case: Delhi HC dismisses plea by ex-Mumbai Police officer
3 min readBy PTI
NEW DELHI: The Delhi High Court on Friday dismissed a plea by former Mumbai Police officer Sachin Waze looking for to quash the sanction granted to prosecute him below the provisions of the Unlawful Activities Prevention Act (UAPA) in reference to the Antilia bomb scare case.
“The petition is dismissed for lack of territorial jurisdiction,” mentioned a bench of Justices Mukta Gupta and Anish Dayal.
The Centre had earlier opposed the petition by Waze on grounds that it was not maintainable earlier than the Delhi High Court and it ought to have been filed earlier than the Bombay High Court as all the pieces associated to the case occurred in Mumbai.
Waze had claimed that the Delhi High Court has territorial jurisdiction over the problem because the sanction order was handed by the Union Ministry of Home Affairs (MHA), which is positioned within the nationwide capital.
The plea, filed by means of advocate Chaitanya Sharma, sought to strike down part 15(1) of the UAPA, regarding a terrorist act, claiming that it’s extremely vires of Article 14 (equality earlier than legislation) and 21 (safety of life and private liberty) of the structure.
It additionally sought to quash and put aside the sanction order of September 2, 2021 handed by the Centre and grant consequential reduction.
The MHA had given the sanction for prosecution of Waze in September final yr within the case of an SUV with explosives being discovered close to industrialist Mukesh Ambani’s home in Mumbai and the homicide of businessman Hiren Mansukh.
According to a launch of NIA, the cost sheet was filed below numerous provisions of the IPC, together with homicide, felony conspiracy, kidnapping and negligent conduct with respect to explosive substances and below the provisions of the UAPA, Explosive Substances Act and Arms Act.
The SUV was discovered close to Antilia on February 25, 2021.
Mansukh, who had claimed that the automobile had been stolen from his possession, was discovered useless in a creek in Thane on March 5 final yr.
NEW DELHI: The Delhi High Court on Friday dismissed a plea by former Mumbai Police officer Sachin Waze looking for to quash the sanction granted to prosecute him below the provisions of the Unlawful Activities Prevention Act (UAPA) in reference to the Antilia bomb scare case.
“The petition is dismissed for lack of territorial jurisdiction,” mentioned a bench of Justices Mukta Gupta and Anish Dayal.
The Centre had earlier opposed the petition by Waze on grounds that it was not maintainable earlier than the Delhi High Court and it ought to have been filed earlier than the Bombay High Court as all the pieces associated to the case occurred in Mumbai.
Waze had claimed that the Delhi High Court has territorial jurisdiction over the problem because the sanction order was handed by the Union Ministry of Home Affairs (MHA), which is positioned within the nationwide capital.
The plea, filed by means of advocate Chaitanya Sharma, sought to strike down part 15(1) of the UAPA, regarding a terrorist act, claiming that it’s extremely vires of Article 14 (equality earlier than legislation) and 21 (safety of life and private liberty) of the structure.
It additionally sought to quash and put aside the sanction order of September 2, 2021 handed by the Centre and grant consequential reduction.
The MHA had given the sanction for prosecution of Waze in September final yr within the case of an SUV with explosives being discovered close to industrialist Mukesh Ambani’s home in Mumbai and the homicide of businessman Hiren Mansukh.
According to a launch of NIA, the cost sheet was filed below numerous provisions of the IPC, together with homicide, felony conspiracy, kidnapping and negligent conduct with respect to explosive substances and below the provisions of the UAPA, Explosive Substances Act and Arms Act.
The SUV was discovered close to Antilia on February 25, 2021.
Mansukh, who had claimed that the automobile had been stolen from his possession, was discovered useless in a creek in Thane on March 5 final yr.
