Antilia bomb threat case: Delhi HC rejects appeal by ex-Mumbai police officer
The Delhi High Court on Friday dismissed a plea filed by former Mumbai police officer Sachin Waze, seeking to quash the sanction granted to prosecute him under the Unlawful Activities (Prevention) Act (UAPA) under of the Antilia bomb threat case.
A bench of Judges Mukta Gupta and Anish Dayal said there was no reason to “vest” the high court here in territorial jurisdiction to rule on the relief sought in Waze’s petition, when “the alleged breach , the subsequent complaint and investigation, the FIRs and the filing of the indictment and all proceedings relating thereto, including the custody of the accused, all took place in Mumbai”.
“The courts of Mumbai would have natural and logical jurisdiction to decide the issues disputed in this petition in writ… The petition in writ is therefore dismissed for lack of territorial jurisdiction to adjudicate on the relief sought,” the court said in its order. of 15 pages. .
The court said that the mere fact that the authority which issued the sanction for prosecution under the UAPA – the Ministry of Home Affairs (MHA) – is located in Delhi would not give it jurisdiction to deal with the case .
The Center previously opposed Waze’s petition on the grounds that it was inadmissible in the Delhi High Court and should have been filed in the Bombay High Court as everything pertaining to the case took place in Mumbai.
Waze had claimed that the Delhi High Court had territorial jurisdiction over the matter as the punishment order was issued by the MHA, which is located in the nation’s capital.
The plea, filed through attorney Chaitanya Sharma, sought to strike down section 15(1) of the UAPA, relating to terrorist acts, claiming that it is ultra vires sections 14 (equality before the law ) and 21 (protection of life and personal liberty). ) of the Constitution.
He also sought to rescind and rescind the Center’s September 2, 2021 Sanctions Order and subsequent award of relief.
The MHA had given permission to prosecute Waze in September last year in the case relating to an explosive-laden vehicle found near the home of industrialist Mukesh Ambani, ‘Antilia’, in Mumbai and the murder of businessman Hiren Mansukh.
According to the National Investigation Agency (NIA), the indictment in the case was filed under various provisions of the Indian Penal Code (IPC), including those dealing with the offenses of murder, criminal conspiracy , kidnapping and negligent conduct with respect to explosive substances. , as well as under the provisions of the UAPA, the Explosive Substances Act and the Weapons Act.
The explosive-laden sports utility vehicle (SUV) was found near ‘Antilia’ on February 25, 2021. Mansukh, who claimed the vehicle was stolen from him, was found dead in a creek in Thane in Maharasthra on March 5th. year.
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