Peerbhoy had petitioned the Special Mahrashtra Control of Organised Crime Act (MCOCA) court on October 21 to make him an approver and had also sought pardon. The plea, which was made in writing by Peerbhoy, is still pending before the court. But Investigating Officer of the case, Assistant Commissioner of Police Ashok Duraphe, said, “The Mumbai Crime Branch is going to oppose his plea as we have substantial evidence against him and other accused.”

Peerbhoy’s name also appears in the chargesheet, which is expected to be filed by February 11. The name of an accused cannot figure in the chargesheet if he is in the process of being made an approver. Besides, an accused is pardoned of his charges in return for helping the prosecution prove the conspiracy against others accused in the case after a confessional statement is recorded before a magistrate.

The Mumbai Police had arrested Peerbhoy on charges of being a key member of Indian Mujahideen, which is believed to be behind a series of explosions in New Delhi and Ahmedabad. According to the police, Peerbhoy worked with a multinational software company in Pune, earning an annual salary of Rs 19 lakh. He allegedly hacked unsecured Wi-FI networks in Mumbai and Navi Mumbai and sent e-mails to TV news channels minutes before the July 26 Ahmedabad blasts and September 13 Delhi explosions.

Peerbhoy’s lawyer Subhash Kanse refused to comment saying the matter was sub-judice. Special Public Prosecutor Kalpana Chavhan said, “I have not given my consent for making him an approver as we have evidence to prove our case.”