Both Sadhvi and Purohit will, however, be tried under sections 120 B, 302, 307, 304, 326, 427, 153 A of Indian Penal Code.
Mumbai: Sadhvi Pragya Singh Thakur, Lt Col Prasad Purohit and six others will face trial under an anti-terror law in the 2008 Malegaon bomb blast case as the special NIA court in Mumbai on Wednesday dismissed their applications for discharge.
The court has, however, dropped provisions under the stringent Maharashtra Control of Organised Crime Act (MCOCA) against all the accused.
It discharged three accused – Shyam Sahu, Shivnarayan Kalsangra and Praveen Takalki – from the case.
The court said the accused persons will face trial under sections 16 (committing a terror act) and 18 (criminal conspiracy) of the Unlawful Activities Prevention Act (UAPA), and sections 120(b) (punishment of criminal conspiracy), 302 (murder), 307 (attempt to murder) and 326 (intentionally causing harm to others) of the IPC.
"The UAPA sections 17 (raising funds for a terrorist organisation or a terrorist attack), 20 (being part of a terrorist organisation) and 23 (aiding somebody who is part of a terrorist organisation) have been dropped against all accused," special NIA judge S D Tekale said.
Apart from Sadhvi and Purohit, the accused, who will now face trial in the case are: Sudhakar Dwivedi, retired Major Ramesh Upadhyay, Sameer Kulkarni, Sudhakar Chaturvedi and Ajay Rahirkar.
Two accused – Jagdish Mhatre and Rakesh Dhawde – will face trial only under the Arms Act, the court said.
The court has asked all the accused persons to appear before it on January 15 for the formal framing of charges against them.
On September 29, 2008, there was a bomb explosion near Bhiku Chowk at Malegaon in Nashik district, killing six persons and injuring several others.
The blast took place by an improvised explosive device (IED) fitted upon an LML Freedom motorcycle.