Mumbai, Feb 4 (Mumbai Mirror): The National Investigation Agency has sought the attorney general's opinion on dropping charges under the Maharashtra Control of Organised Crime Act (MCOCA) against all accused in the 2008 Malegaon blast, officials informed a special court on Tuesday.

The surprise move follows the Supreme Court's observation last year that investigators so far have no evidence to charge the 11 accused, including Pragya Singh Thakur and former Lt Col Shrikant Purohit, under the stringent law.

"After scrutinising the paper and observations of the Supreme Court, NIA's attorney advised the agency about the applicability of MCOCA. Therefore, the NIA has sought the attorney general's opinion," special public prosecutor Avinash Rasal said on Tuesday.

The doubts among NIA officers about pursuing MCOCA charges against the accused marks a major shift from their recent stand when they cited the act to oppose their bail.

A bomb strapped to a motorcycle exploded in Malegaon on September 29, 2008, killing six people and injuring around 100. Thakur, described by investigators as a key conspirator, was the first suspect to be arrested in the case.

The Anti-Terrorism Squad, which was initially probing the case, filed a chargesheet against the arrested suspects, but the NIA took over the investigation in 2011. It arrested two more people, including one Lokesh Sharma, but they were granted bail as the agency could not file a chargesheet within the stipulated period.

Four years later, the agency has still not completed the overall investigation.

Last year, the accused had moved the Supreme Court for bail. While examining the pleas, the court said that there was no evidence yet to charge them under MCOCA, and asked the trial court to decide on their bail requests on merit.

But when the accused approached the special court, the NIA once again opposed the bail applications saying they still faced MCOCA charges. The court then denied the reprieve to the accused.

On Tuesday, the court was due to hear arguments on framing of charges against the accused. But Rasal sought more time, saying the NIA was waiting for Attorney General Mukul Rohatgi's opinion on the applicability of MCOCA.

"We are unable to open the case [finalise charges] as a recommendation has been sent to the attorney general," Rasal said. The agency has been given time till February 15.

Apart from MCOCA, the accused currently faces charges under the Indian Penal Code, Indian Explosive Substance Act and Arms Act.

If the MCOCA is removed from the case, it will mark another twist in the case. Last year, former special public prosecutor Rohini Salian had alleged that the NIA was asked to "go soft" against the accused, described by some as Hindu extremists, after the NDA came to power at the Centre in May 2014.

The NIA rejected her claim.