A bench headed by Justice Aftab Alam, however, made it clear to the state government that it is a weak case.
"Having regards to the seriousness of the matter, we issue notice but you (Maharashtra government) have a weak case," the bench said while issuing notice to Faheem Ansari and Sabauddin Ahmed, the alleged Indian conspirators of the 26/11 Mumbai terror attack.
The court, however, refused to pass any order on Ajmal Kasab, the sole convict in the case, when the state government pleaded that his letter to the Supreme Court challenging his death sentence should be tagged with this appeal.
"We are taking a step regarding this (Kasab's letter)," the bench said.
Maharashtra government had filed the plea challenging the Bombay High Court's February 21 order upholding the acquittal of Ansari and Ahmed by the trial court. The two were acquitted for want of corroborative evidence.
The Bombay High Court had confirmed the conviction and death sentence awarded Kasab. Kasab has written a letter to the Supreme Court challenging his conviction and death sentence in the 26/11 attacks. The letter is under consideration by the apex court.
The high court had upheld the death sentence to Kasab for the "brutal and diabolical" 26/11 Mumbai attacks aimed at "destabilising" the government.
24-year-old Kasab, the sole terrorist, captured alive, among 10 Pakistani perpetrators of the attack, had been sentenced to death by a special anti-terror court on May 6 last year.
Kasab and his accomplices had landed at Budhwar Park in South Mumbai on November 26, 2008 night from Karachi by sea and went on a shooting spree at various city landmarks including CST railway terminus, iconic Taj Mahal and Oberoi Hotels, Leopold Cafe, Cama Hospital and Nariman House, a Jewish outreach centre, leaving 166 people dead and many more wounded.