Antilia bomb scare case: Delhi HC dismisses plea by sacked Mumbai cop Sachin Waze challenging UAPA

The Delhi High Court (HC) on Friday dismissed a petition filed by discharged Mumbai police officer Sachin Waze seeking the quashing of the sanction granted to prosecute him under the provisions of the Unlawful Activities Prevention Act (UAPA) in connection with the Antilia bomb scare case.

A High Court bench of Justices Mukta Gupta and Anish Dayal dismissed his petition for "lack of territorial jurisdiction." He was advised to move the Bombay High Court since he was working in Mumbai under the jurisdiction of that High Court.

“The petition is dismissed for lack of territorial jurisdiction,” said a division bench of Justices Mukta Gupta and Anish Dayal while dismissing Vaze’s petition.

Waze had claimed that the Delhi HC has jurisdiction to hear his plea since the sanction order to invoke UAPA in the case was passed by the Union Ministry of Home Affairs (MHA), which is situated in the national capital.

Vaze had filed a petition in the Delhi HC through his advocate Chaitanya Sharma, seeking that the charges against him under section 15(1) of the UAPA, relating to a terrorist act, be struck down. He claimed that the same was in violation of Article 14 (equality before law) and 21 (protection of life and personal liberty) of the Constitution of India.

The Central government had opposed Vaze’s petition on grounds that it was not maintainable before the Delhi HC and that the same should have been filed before the Bombay High Court, where the alleged offence took place.

Apart from various sections of the Indian Penal Code for murder, criminal conspiracy, kidnapping and negligent conduct with respect to explosive substances, Vaze was booked under the Explosive Substances Act, Arms Act and UAPA.

On February 25, last year, 20 gelatine sticks and a threat note was recovered in a Mahindra Scorpio vehicle near business tycoon Mukesh Ambani's house. Subsequently, businessman Mansukh Hiran was found dead in a creek in Thane on March 5, 2021.

Vaze was arrested in the case on March 13. Nine others have been arrested for their alleged role in the offences.

According to the NIA, the motive behind Waze's alleged crime was to re-establish himself as a “super cop” to regain the lost glory following his reinstatement in the Mumbai Police force in 2020, after 16 years.

In September 2021, the MHA had granted sanction to prosecute Vaze under the stringent UAPA for leaving an explosive-laden SUV near Antilia, the house of industrialist Mukesh Ambani, and the subsequent murder of businessman Manshukh Hiran.