Defence lawyer for the accused in the Malegaon blast case Mahesh Jethmalani today charged that the stringent Maharashtra Control of Organised Crime Act, was being applied arbitrarily by the state police.
Jethmalani said while the accused in the Malegaon blast case were subjected to MCOCA, Ajmal Kasab, the Pakistani terrorist convicted for 26/11 attack, was not booked under the act.
The Bombay High Court is currently hearing state government's appeal against sessions court's decision to set aside MCOCA against Sadhvi Pragyasingh Thakur and others.
Arguing against application of MCOCA, Jethmalani said that MCOCA was being applied arbitrarily.
"Kasab belonged to Lashkar E Toiba, a banned organisation, but MCOCA was not used against him," he argued, alleging discrimination.
The blast in Malegoan on September 29, 2008, claimed lives of eight persons. Eleven accused are facing the trial for conspiring to carry out the blast.