Delhi High Court dismisses plea challenging prosecution of Sachin Waze under UAPA Act in Antilia case

The Delhi High Court has today dismissed the plea filed by former Mumbai cop Sachin Waze which challenges the sanction given for his prosecution under the Unlawful Activities Prevention Act (UAPA) in relation to the Antilia bomb scare case.

Sanction for Waze’s prosecution was given by the Ministry of Home Affairs in September last year for his alleged role for plonking an explosive-laden car near house of the industrialist Mukesh Ambani along with is involvement in murder of Hiren Mansukh who was an auto-parts dealer.

A Division Bench of Justices Mukta Gupta and Justice Anish Dayal have dismissed the petition.

The preliminary objection raised by the Central Government objects to the maintainability of the petition before the Delhi High Court on the ground that everything related to the case happened in Mumbai, and, therefore, only the Bombay High Court can entertain this petition.

Sachin Waze had argued that the Delhi High Court has territorial jurisdiction over the issue, as the matter of sabction was passed by the Union Ministry of Home Affairs (MHA), which is located in Delhi.

It was submitted that a 2009 judgment of a Division Bench of the Delhi High Court empowers it to deal with the case, and that judgment has been upheld by the Supreme Court.

Earlier, 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