The challenge to the appointment of M. Nageshwar as interim CBI Director on January 10 fizzled out as soon as the government placed on record before the Supreme Court documents showing that the prior consent of the high-powered committee was taken.

"The high powered committee had indeed given permission for the appointment of the interim CBI Director," Attorney-General K.K. Venugopal for the government submitted.

"Yes, then that issue rests there then," advocate Prashant Bhushan, for petitioner NGO Common Cause and activist Anjali Bhardwaj, agreed.

The petition had claimed that the government “completely bypassed” the statutory requirement to consult the high-powered selection committee of the Prime Minister Narendra Modi, Opposition Leader and the Chief Justice of India before appointing Mr. Rao.

The petition had alleged that the government, through the "illegal" appointment of Mr. Rao,"attempted to stifle the independence of the institution of the CBI".

Meanwhile, a second charge raised by the NGO and the activist on the general "lack of transparency" in the appointment process of the office of CBI Director also threatened to die a peremptory death in court on Friday when the Bench of Justices Arun Mishra and Navin Sinha pointed out that the January 8 judgment of Chief Justice of India Ranjan Gogoi squarely and comprehensively deals with the issue.

"Don't you want a CBI Director to be appointed immediately?" Justice Mishra baited Mr. Bhushan.

"Yes, we do not want the appointment to be delayed," Mr. Bhushan replied immediately.

"Then, unless concrete causes of action showing lack of transparency comes up in the future, we need not intervene. We cannot be seen to pass any general guidelines like that... We cannot be seen to run the administration," Justice Sinha addressed Mr. Bhushan.

"But when will such 'concrete causes of action' ever come up?" Mr. Bhushan asked.

At this point, Mr. Venugopal intervened to inform the court that the high-powered committee of Prime Minister Modi, Chief Justice Ranjan Gogoi and Opposition Leader Mallikarjun Kharge were scheduled to meet in a few hours to recommend a CBI Director.

"Meeting of the high powered committee to recommend the CBI Director is scheduled today. They will take a decision. All the material has been given to the Opposition Leader. They know the SC is watching. Parliament is also in session today," Mr. Venugopal submitted.

The court initially found no reason to keep the petition pending, but Mr. Bhushan suggested the case be kept alive till the high-powered committee takes a decision. The court thus posted the case for February 6.

This petition has so far had a roller-coaster ride in the Supreme Court with three judges recusing themselves in the past two weeks. The judges who recused themselves included Chief Justice Gogoi, Justices A.K. Sikri and N.V. Ramana.

At the beginning of the hearing, Justice Mishra made it clear that the petition should not delay the appointment of a regular CBI Director.