A bench of justices Sanjeev Khanna and S P Garg today reserved the order after hearing arguments from both parties in the case.
In its plea, the NIA has sought a direction to the special court to frame charges against lone accused Wasim Akram Malik under the harsher penal provision of waging war against India which attracts the maximum punishment of death penalty.
The NIA sought an order for modification of the September 4 order of the trial judge and for framing charges against Malik under sections 121 (waging war against India), 121-A (conspiracy to wage war), 122 (collecting arms and ammunitions to wage war) and other provisions of the Indian Penal Code and the Explosive Substances Act.
The special judge while dropping the stringent charges against Malik had said more evidence was required to frame charges under those provisions.
"These offences (relating to waging war against country) require something more than the one which is available against the accused in this case. Merely because a bomb had exploded outside the Delhi High Court and in the e-mail, there was a reference of release of Afzal Guru, it does not mean that these three offences (of waging war against country) are made out," the special court had said.
"These offences are distinct and are of serious nature. The evidence, even at the stage of framing of charges under these sections (121-A, 122, 123 of IPC) has to be clear and commensurate with the requirement of these sections," the court had said, adding it cannot be said that the act had been committed to "wage war" against India.
