Disposing of the plea on August 1, special judge AK Lahoti, however, noted the contentions raised by the accused are kept open and he is at liberty to point them out at the time of final hearing.
As per information available, more than 100 witnesses are yet to be examined.
A witness who is a former army official turned hostile in the 2008 Malegaon bomb blast trial in Mumbai on Thursday.
The victims of the 2008 Malegaon blast case have written to the chief justice and registrar of Bombay high court requesting them to extend the tenure of special NIA judge PR Sitre, who has been presiding over the trial since August 2020.
The witness deposed before the special National Investigation Agency court on Tuesday.
Among other grounds for seeking discharge, Purohit had claimed lack of sanction under relevant provisions of the Code of Criminal Procedure to prosecute him.
Thakur had appeared before the court in June last year after it ordered the seven accused to remain present once a week. She later sought exemption from appearance on various occasions since then.
BJP's Bhopal MP Pragya Singh Thakur, an accused in the 2008 Malegaon blast case, appeared before a special NIA court here on Wednesday.
"I want to wear my uniform. It is outermost layer of my skin. I am wedded to it. I am very happy to get back into the service of the best organisation in the country if not the world, the Indian Army," said Lt Col Shrikant Prasad Purohit.
While five accused remained present in the court, judge P R Sitre expressed displeasure over the absence of two others. The court then directed all the seven accused to appear before it on January 4.
Malegaon blast accused Lt Col Shrikant Prasad Purohit was not authorised to infiltrate into any right wing group including 'Abhinav Bharat' as a military intelligence officer, army officials said on Wednesday rejecting his claims in this regard.
Lt Col Purohit, it is now being reported quoting statements made by officers in the court of inquiry, had actually infiltrated Hindu radical outfit Abhinav Bharat while being posted at Pachmarhi in Madhya Pradesh to snoop in on plans to carry out terror strikes in India.
The Bombay high court on Friday stayed the granting of custody of three key accused in the September 2008 Malegaon bomb blast case to the National Investigation Agency.
The Supreme Court on Wednesday extended its order restraining the National Investigation Agency from interrogating 2008 Malegaon blast accused Lt Col Shrikant Prasad Purohit and Sudhakar Dhar Dwivedi till further direction.
The Supreme Court on Thursday refused to grant interim bail to ex-army officer Shrikant Prasad Purohit, Pragya Thakur and other accused in the 2008 Malegaon blast case.
The Armed Forces Tribunal on Wednesday asked the army to reconvene the probe against Malegaon blast accused Lieutenant Colonel Shrikant Prasad Purohit, holding that the Court of Inquiry against him "suffers from the vice of irregularity".
The Vishwa Hindu Parishad on Monday came in defence of Sadhvi Pragya Singh Thakur and Lt Colonel Prasad Purohit, prime accused in the Malegaon blasts, and called the imposition of Maharashtra Control of Organised Crime Act against them as 'political conspiracy'.
Indian Army officer Lt Col Prasad Purohit, arrested for his alleged involvement in Malegaon blast, has moved the principal bench of the Armed Forces Tribunal in New Delhi to quash the court of inquiry ordered by the Army against him for violation of the Army Act and Rules. In his application, Purohit, who is currently lodged in Mumbai's Arthur Road jail, has charged the Army with denying him his right to remain present throughout the proceedings of the court of inquiry.
Purohit was doing his job as a military intelligence officer and was "framed" in the case, his lawyer and former Attorney General Mukul Rohatgi told the high court on Friday.
All the 11 accused in Malegaon blast case, including Sadhvi Pragya Singh Thakur and Lt Col Prasad Purohit, were today remanded to judicial custody till January 20 by a special MCOCA court here.
The court transferred the custody of Samir Kulkarni, an accused in the case and one of the co-founders of right-wing group Abhinav Bharat, to the Madhya Pradesh police.
The Anti-Terrorist Squad of the Mumbai police suffered a major setback last week, when charges under the stringent Maharashtra Control of Organised Crime Act against Sadhvi Pragya Singh, Lieutenant Colonel Prasad Purohit and nine other accused in the 2008 Malegaon blast case, were dropped by the special court's designated Judge Y B Shinde.Dropping MCOCA charges against the prime accused in the Malegaon blast case has definitely made the prosecution's task tougher.
The Mumbai ATS is interrogating a junior commissioned officer and two jawans of the Indian Army in connection with the Malegaon blast case, defence sources have said.
However, the Pune ATS moved an application seeking the army officer's custody in another case registered with them. Purohit was arrested earlier this month in connection with the September 29 Malegaon blast that killed six and injured 80. He is among ten, including sadhvi Pragya Singh Thakur, arrested for their alleged role in the blast.
Maharashtra's Anti-Terrorism Squad is considering pressing charges under the stringent Maharashtra Control of Organised Crime Act against all the nine accused in the Malegaon blast case, including Lieutenant Colonel Shrikant Prasad Purohit and Sadhvi Pragya Singh Thakur.The ATS is investigating transfer of funds from the bank account of Lt. Col. Purohit, the first serving army officer to be arrested in the case, to Rahirkar and others for execution of the alleged conspiracy.
The Mumbai police will be probing if Lieutenant Colonel Srikant Prasad Purohit and others arrested in connection with the Malegaon blasts had any role in the explosions in other parts of the country this year even as the hunt for two absconding accused intensified.
Terming the invocation of Maharashtra Control of Organised Crime Act against them as inappropriate, Lieutenant Colonel Prasad Purohit and Abhinav Bharat treasurer Ajay Rahirkar, both accused in the September 29 Malegaon blast case, on Saturday moved the special MCOCA court seeking bail.Purohit and Rahirkar, in their bail applications, claimed that the Anti-Terrorism Squad had no evidence linking them to the blast and that they have nothing to do with the case.
A Pune court on Friday rejected Lieutenant Colonel Shrikant Purohit's plea for an extension of his police custody in the city. Purohit's lawyer Shrikant Shivde told rediff.com that the armyman had been physically and mentally tortured by the ATS, while he was in their custody.
The Abhinav Bharat President Himani Savarkar on Friday said Maharashtra Anti-Terror Squad's contention that the Malegaon blast conspiracy was discussed in her presence by Lt Col Prasad Purohit in April 2008 in Bhopal, is a pack of lies.
An armyman, who had served with Lieutenant Colonel Prasad Purohit in Military Intelligence, is likely to be made a prosecution witness in the Malegaon blast case as the Anti Terrorism Squad inquiring into the matter has recorded his statement.
Army officer Lt Col Prasad Purohit, arrested for his alleged involvement in the Malegaon blast, was on Wednesday remanded to police custody till November 29 by a court in Nashik in connection with a case of procuring an arms license using fake documents
The Anti Terrorism Squad on Wednesday told the MCOCA court hearing the case into the September 2008 Malegaon blast that it has video recordings of a meeting in which the blast accused were present
The claim by Maharashtra's Anti-Terrorism Squad about presence of RDX in the 2007 Samjhauta train blast has flummoxed investigators, who probed the attack, as forensic analysis had shown no signs of the deadly explosive being used in the terror strike that left 68 people dead.
The judicial custody of Lt Col Prasad Purohit, an accused in the 2008 Malegaon blast, was on Monday extended till February 21 by a court in Nashik, in a case of procuring arms license on fake documents. The army officer was produced before Judge V V Joshi as his remand in the arms license case ended on Monday, Purohit's counsel Avinash Bhide told PTI.
Thakur, who is one of the seven accused in the case being probed by the NIA, appeared before the court on Monday. On Tuesday, Special Judge P R Sitre granted exemption to Thakur after her lawyer J P Mishra filed a written application, citing the MP's difficulty in travelling in Mumbai regularly due to health and security concerns.
In the plea, the agency has submitted that the allegations against the accused are that they committed the offence to take revenge against "Muslim Jihadi activities" and "to create a rift between two communities".
The special court for MCOCA cases on Saturday rejected the bail application of Sadhvi Pragya Singh Thakur, a key accused in the 2008 Malegaon blast case.
Six people were killed and over 100 injured when an explosive device strapped on a motorcycle went off near a mosque in Malegaon, a town about 200 km from Mumbai in north Maharashtra, on September 29, 2008.
The National Investigation Agency on Tuesday said there was no proof against Lt Col Prasad Purohit in the Samjhauta blast case.
He had not played any role in the blast, Purohit had said, adding that he was in jail for the last seven years without trial.