In her petition, Sadhvi Pragya has said that the Centre cannot encroach upon the subjects which are enlisted in the State List and no investigation of any such 'terror' crime can be entrusted to the NIA, without the concurrence of the state government. She has also challenged the constitutional validity of the National Investigation Agency Act 2008.
Appearing on behalf of Sadhvi Pragya, lawyer Mahesh Jethmalani said, "The NIA Act was formulated in an emotional state of mind after the 26/11 attacks and was being misused now to settle political scores."
The High Court has posted the case for hearing on August 14.
Sadhvi Pragya Singh Thakur has been in jail since October, 2008 in connection with the Malegaon blasts in which seven people were killed.
Meanwhile, the NIA is likely to file a supplementary chargesheet soon in the 2006 Malegaon blasts naming Sadhvi and Aseemanand. The chargesheet filed in a Mumbai court in May did not name the two. NIA sources had told NDTV that although the two right wing leaders do not figure in the first chargesheet, "it should not be read as a clean chit to either of them."
The 2006 Malegaon Blast case was initially investigated by the Maharashtra Anti-Terrorist Squad. Later on the NIA took over investigations after Swami Aseemanand's confession in 2010 saying it was a pan-India conspiracy right-wing terror groups.