The CBI Director filed affidavit when the SC took serious objection to his reluctance not to give written response on merits of the allegations.

The Apex Court had issued notice to him directing to file response on plea to direct Centre to take steps for his removal and for ordering a SIT probe against him for allegedly abusing his authority.

"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 had said, observing that adverse inferences can be also drawn against him for not responding to the allegations.

Senior advocate Vikas Singh, appearing for Sinha, pleaded 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 as it is based on privileged communication within the agency and highly secret CBI file notings.

The bench, however, brushed aside the director's plea that it should not entertain the case till the NGO, which filed the application, reveals the source of information.

Refusing to give credence to Sinha's objection, the bench said that even if there is some technical defects in the application, it can be ignored as the Apex Court has been monitoring the 2G case and wanted to ensure free and fair trial, which has come under cloud of suspicion after the alleged revelations.

"What prevents you to file an affidavit on merits?" the bench asked, adding, "Whatever you want to tell us, tell us in black and white.

The CBI Director, thereafter, agreed to file two affidavits, one in sealed cover dealing with the allegations and other on the objections regarding maintainability of the application itself.



The bench, thereafter, allowed the top cop to file the response within a week and posted the case for further hearing on September 15.

The bench also took on record a register of entry list/guest list at the CBI director's residence which was handed over by advocate Prashant Bhushan in a sealed envelope.

Bhushan submitted that some unknown persons had turned up at his residence last night and gave him the documents without revealing their identities. He pleaded before the court to take the documents on record in safe custody as these may be destroyed.

The bench also took on record a list of 23 ITBP officials and four CBI constables, who have been manning the gate of the director's residence of 2-Janpath in Lutyens zone here.

During the proceedings, the director asked the court to tell Bhushan to disclose the source from where he got all the documents, saying this was not a case of a whistle-blower.

The bench, however, said it will ask Bhushan about the source while hearing the case at later stage.

It also turned down Bhushan's plea that the CBI Director should be restrained from taking any decision in 2G case during the pendency of the case against him.

"Heavens won't fall in a week and if we find merit in the averments made against the CBI director, then we would quash all the decisions taken by him (during the pendency of the case)," the bench said.

Bhushan, counsel for an NGO, Centre for Public Interest Litigation, has alleged that several accused and officials of accused companies in the 2G scam and other cases have been frequent visitors at Sinha's residence.

He has also alleged that Sinha was trying to protect some accused and sought his removal from the post.

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