 "Delhi HC dismisses plea by ex Mumbai Police officer in Antilia bomb scare case")
New Delhi: The Unlawful Activities Prevention Act (UAPA) provisions were used to prosecute former Mumbai Police officer Sachin Waze in connection with the Antilia bomb scare case. The Delhi High Court dismissed his petition on Friday. A bench of Justices Mukta Gupta and Anish Dayal ruled that the petition was dismissed for a lack of territorial jurisdiction.
The Centre had previously opposed Waze’s petition on the grounds that it could not be maintained in front of the Delhi High Court and should have been filed in front of the Bombay High Court instead because the entire case was conducted in Mumbai.
Waze had claimed that the Delhi High Court has territorial jurisdiction over the issue as the sanction order was passed by the Union Ministry of Home Affairs (MHA), which is located in the national capital. The plea, filed through advocate Chaitanya Sharma, sought to strike down section 15(1) of the UAPA, relating to a terrorist act, claiming that it is ultra vires of Article 14 (equality before law) and 21 (protection of life and personal liberty) of the constitution.
It also sought to quash and set aside the sanction order of September 2, 2021, passed by the Centre and grant consequential relief. The MHA had given the sanction for prosecution of Waze in September last year in the case of an SUV with explosives being found near industrialist Mukesh Ambani’s house in Mumbai and the murder of businessman Hiren Mansukh.
According to a release of NIA, the charge sheet was filed under various provisions of the IPC, including murder, criminal conspiracy, kidnapping and negligent conduct with respect to explosive substances and under the provisions of the UAPA, Explosive Substances Act and Arms Act.
The SUV was found near Antilia on February 25, 2021. Mansukh, who had claimed that the vehicle had been stolen from his possession, was found dead in a creek in Thane on March 5 last year.
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