Additional Solicitor General P P Malhotra submitted on record that the CBI would desist from filing a closure report on the case citing non-cooperation on Singh’s side in the investigation.

Justice S K Kaul was recording the response of the government on a petition filed by Singh last Friday in the High Court contending that the CBI was forcing him to return to India to depose.

Singh had voiced apprehensions about threats to his life and wanted to give his testimony on Tytler’s role through video-conferencing from California, United States, where he is currently based.

Singh’s lawyer Navkiran Singh had submitted that the CBI may cite Singh’s absence as an “excuse” to close the case against Tytler on January 16, the day scheduled for recording the witness statement.

The ASG took an aggressive note in the hearing saying that the CBI is yet to establish the whereabouts of Singh to hold the video-conferencing. “The only correspondence we have is from his lawyer who keeps giving us his addresses,” Malhotra submitted.

“The witness cannot be allowed to dictate terms. It was only he who approached the court seeking to particiapte in the investigation,” said Malhotra.

However, Justice Kaul directed the CBI to consider by February 27 Singh’s plea for a video-conferencing session.