Judge Vinod Padalkar, presiding over the special National Investigation Agency (NIA) court, framed charges against the accused persons.
One of the accused, former Major Ramesh Upadhyay, argued that first it should be decided whether the UAPA is applicable on them, before the trial commences.
A bench of Justices Ranjan Gogoi Naveen Sinha and K M Joseph said entertaining the petition at this stage might impact the ongoing trial in the case.