Lt Col Prasad Shrikant Purohit and Sadhvi Pragya Singh Thakur of a right wing group are among the accused in the case.

"The prosecution is awaiting necessary advice from senior supervisory officers and law officers at NIA, New Delhi, and they are now of the opinion that MCOCA is not invokable in the instant case", the NIA told the Special Court Judge SD Tekale.
"Since the issue is important, it has been referred to the Ministry of Home Affairs with the request that the opinion of the Attorney General of India (AGI) should be obtained in this matter", it added.

The court adjourned the case till February 15 after Special Public Prosecutor Avinash Rasal sought it saying that they were waiting for the AGI's reply to NIA's letter.

The court had fixed the matter for framing of charges in the case. However, the judge adjourned the hearing till February 15 and told the prosecution that if the agency fails to file a report till the next date of hearing, then it would go ahead with the case.

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