"Issue notice to respondents returnable within four weeks," a bench of justices Ranjana Prakash Desai and Madan B Lokur said. (Agencies)
Shah was arrested by CBI on July 25, 2010 in connection with the case and had spent over three months in Sabarmati Jail in Ahmedabad before being granted the bail.
Besides Shah, suspended DIG DG Banjara, RK Pandiyan (both Gujarat cadre IPS officers) and Dinesh MN (Rajasthan cadre IPS officer) are main accused in the case.
NK Ameen, then DSP with Gujarat police, is also an accused in the case. All of them, except Shah, are in jail.
The court's notice came on an application by CBI which is seeking a direction to get certain documents related to the case.
The Apex Court had on September 27, 2012 ordered the transfer of the Sheikh encounter case to Maharashtra after the CBI alleged that witnesses were being intimidated and contended that trial cannot be held in a free and fair manner in Gujarat.
Sheikh and his wife Kauser Bi were allegedly abducted by Gujarat's Anti-Terrorist Squad (ATS) from Hyderabad and killed in a fake encounter near Gandhinagar in November 2005.
"Issue notice to respondents returnable within four weeks," a bench of justices Ranjana Prakash Desai and Madan B Lokur said.