Justice G P Mittal today issued notices and sought responses by July 9 from Kanda and his employee Aruna Chadha who are facing trial in the case.
The application filed by police objected to the trial court's remark dubbing the probe as "tainted and stinking".
The remarks were made by the trial court in its May 10 order on framing of charges against them.
Appearing for police, Additional Solicitor General (ASG) Siddharth Luthra submitted before the court that "further investigation into the sexual exploitation aspect has not been stopped."
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He said the trial judge should have directed the prosecution for production of additional evidence in this regard if it found lack of evidence at this stage.
The counsel argued the trial court does not have the jurisdiction to make such remarks and should have passed the order framing charges against the accused on the basis of the evidence placed on record.
Kanda was forced to resign as Minister of State for Home following the registration of the case.