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Prosecutor Ujjwal Nikam told designated Judge A P Bhangale that the police had committed a "mistake" by invoking POTO "in this case" and even legal opinion had endorsed this view.
"To err is human and mistakes do occur. But the police and prosecution must be fair in the investigation process and this is precisely what had been done in the case of Afroz," he submitted.
The judge sought the documents of legal opinion on the basis of which the police had made the appeal.
The prosecutor sought time till Wednesday for producing the relevant documents and the matter was adjourned accordingly.
Afroz was arrested on December 3, but booked under POTO on March 1. He was charged with participating in a conspiracy to blow up targets in foreign countries.
On a query by the court, the 26-six-year-old Afroz stepped into the witness box and said that at this juncture he did not want to say anything.
The prosecutor emphasised that Afroz would be tried under the Indian Penal Code for waging a war against India and its friendly countries, sedition and conspiracy.
Outside the court, the prosecutor told reporters that the police had enough material to establish Afroz's link with the Al-Qaeda.
Meanwhile, Deputy Chief Minister Chhagan Bhujbal refused to comment on the decision and sought to put the ball in police's court.
"I don't know," Bhujbal, who is also the state home minister, said when asked about the move.
"Ask the police commissioner, it is his decision," he said.
PTI
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