The apex court took serious objection to the director's submission that he would not like to file an affidavit on the averments and would counter the allegations orally.
"The averments are serious and the CBI director can't say he won't file an affidavit," a bench headed by Justice H L Dattu said.
Senior advocate Vikas Singh, appearing for Sinha, submitted that he doesn't want to file an affidavit as it would impact the trial in 2G scam case and also said that the court should not hear the issue without knowing the source of information as the averments were made on the basis of privileged communication and highly secret CBI file notings.
The court said that if the CBI director doesn't file an affidavit, then it will proceed with the case and non-filing of a response would also draw adverse inference against him.
"What prevents you to file an affidavit on merit?" the bench asked, adding, "Whatever you want to tell us, tell us in black and white."
The CBI director, thereafter, agreed to file an affidavit in a sealed envelope.
The bench allowed the director to file the response within a week and posted the case for further hearing on September 15.
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