The Delhi High Court dismissed Sachin Waze’s appeal against a sanction order to prosecute him under the UAPA in connection with the Antilia bomb case on Friday, stating that it lacks territorial jurisdiction. Waze was the top cop fired from Mumbai. The Waze appeal was rejected by the division bench of Justice Mukta Gupta and Justice Anish Dayal. He has petitioned the Delhi High Court to overturn the prosecution sanction issued against him under the Unlawful Activities Prevention Act (UAPA).
The plea is dismissed for lack of territorial jurisdiction, the bench stated in its decision. For the aforementioned reasons, the Court determined that Respondent No. 1’s order granting sanction for prosecution under Section 45 (1) of the Unlawful Activities (Prevention) Act, 1967 would have to be taken into consideration along with and in conjunction with the investigations and proceedings to which it relates. As a result, the Court determined that the Mumbai courts would have the natural and logical jurisdiction to decide the issues raised in the writ petition.
The Central Government had filed preliminary objections to its constitutionality in the Delhi High Court.The Union Ministry of Home Affairs (MHA), which is based in Delhi, issued the sanction order. Waze asserted that the Delhi High Court has geographical jurisdiction over the matter.
Waze and nine other individuals have been charged by the NIA with violating Sections 302 (murder), 120B (conspiracy), 201 (destruction of evidence), 364 (kidnapping), and 403 (dishonest misappropriation of property) of the IPC, as well as Sections 16 (punishment for a terrorist act), 18 (punishment for conspiracy), and 20 (punishment for being a member of a terrorist gang) of the UAPA.
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