"We have to take a call. Either, we have to agree with you (CBI) or with him (NGO's counsel making allegations)," a bench headed by Justice M B Lokur said while posting it for hearing on February 16 when it will also hear the application filed by Sinha accusing the NGO and its counsel Prashant Bhushan of perjury.

The former CBI chief's counsel Vikas Singh contended that judicial record spoke for itself that "false and malicious" allegations have been levelled against Sinha and it cannot be that "just because he is Prashant Bhushan he can get away with any lie".

Bhushan said the entries in the visitors' register of the former CBI Director made it clear that he was meeting the high-profile accused and those associated with coal block allocation like Vijay Darda, his son Devendra Darda and former Union Minister Subodh Kant Sahay and there was a need for court-monitored SIT investigation to ascertain "whether any consideration exchanged hands".

"If there is so much of evidence on record that this gentleman (Sinha) at so many times had meetings with accused and tried to change the course of probe and maneouvre the situation for closing cases, then this court has to find out how this gentleman goes on meeting dozens of time and maneouvres the investigation," Bhushan submitted while reading out his note in which he narrated the events emerging from the entry register of Sinha's residence.

Senior advocate Amarender Sharan, appearing for the CBI, contended that several contents including one about him (Sharan) in Bhushan's note were factually incorrect.

However, Bhushan said all these allegations could be examined by the apex court-appointed Special Public Prosecutor (SPP) for conducting the prosecution of cases arising from the scam and the apex court can take a call on his report.

He said the same procedure was adopted by the apex court in the 2G spectrum allocation scam when Sinha was directed to keep himself away from the cases arising out of it.

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