"We have filed a discharge application before the sessions court, saying MCOCA is not applicable and there is no prima-facie evidence against him," said his lawyer S M Deshpande.
Deshpande said that under MCOCA, there must be some pecuniary gain to the accused but according to the police no money was paid to Kaliya as it was not a contract killing, so the stringent act cannot be invoked against him.
Dey, a veteran crime reporter, was shot dead in suburban Powai on June 11, 2011.
Jigna Vora, former deputy chief of bureau of a city-based English newspaper, was also arrested in the case but she later got bail.
In December 2011, police filed a charge sheet against Kaliya, Abhijeet Shinde, Arun Dake, Sachin Gaikwad, Anil Waghmode, Nilesh Shendge, Mangesh Agawane, Vinod Asrani, Paulson Joseph and Deepak Sisodia (all arrested). A separate charge sheet was filed against Vora later.
According to police, fugitive gangster Chhota Rajan, who was upset with a couple of articles written by Dey, ordered the killing.
