The Delhi High Court has the territorial jurisdiction to entertain the petition in view of Article 226(2) of the Constitution of India as impugned order granting sanction to prosecute was passed by an Authority in New Delhi argued Mumbai's former cop Sachin Waze while challenging sanction order to prosecute him under UAPA.
Senior Advocate Puneet Bali appearing for Waze also submitted that substantial cause of action has arisen within the jurisdiction of this Court. He further informed the Bench that the Petitioner has also further challenged the vires of Section 15(1) of the UAPA.
On the query of the Bench of Justice Sidharth Mridul and Justice Talwant Singh regarding whether an issue of sanction can be challenged at this stage or will be a matter of trial, Advocate Bali argued that due to the issuance of sanction to prosecute the petitioner under UAPA prejudice has been immediately caused to the petitioner in as much as with the invocation of UAPA the twin limitation on grant of bail as well as the right to be released on statutory bail under Section 167(2) CrPC is taken away.
Additional Solicitor General (ASG) Aman Lekhi, who appeared for Central Government, opposed the petition.
After hearing the submissions, the bench adjourned the matter to 02.02.2022 for hearing further arguments.
The Ministry of Home Affairs (MHA) had given the sanction for Waze's prosecution in September last year for his alleged role and involvement in the Antilia bomb scare case. The case is being probed by the National Investigation Agency.
A car carrying unassembled explosive materials was found abandoned at Carmichael Road in South Mumbai on February 25 2021, near the house of Reliance Industries Chairman Mukesh Ambani. The owner of the vehicle was found dead in a creek in the Thane district on Friday. Now, ATS Maharashtra is investigating the case.
( With inputs from ANI )
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