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 bench, however, refused to accept his plea, saying that it is monitoring the 2G case and very serious allegations have been sought to be made against him.

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.

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

Highlights
SC asks CBI Chief to respond on allegations of meeting 2G accused
CBI Director Ranjit Sinha to file affidavit over allegations
Bhushan’s NGO wants disciplinary and criminal action against him
Bhushan blames CBI Chief for 'acting in concert' with accused in 2G and coalgate cases
Entry register of CBI Chief’s residence allegedly shows entry of 2G accused

Bhushan submitted that some unknown person had turned up at his residence last night and gave him the documents. He pleaded before the court to take the documents on record as these may be destroyed.

The bench also took on record a list of 23 ITBP officials and four CBI constables, who were manning the gate of the director's residence.

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.

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.

"Heaven won't fall down 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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