The agency told a bench comprising justices A K Sikri and Ashok Bhushan that the permission was cancelled as a matter relating to the alleged incident was pending before the high court there.
"We had requested the judge of the high court to grant us permission so that we can apologise to him. But it was cancelled because a matter was pending before the high court," Additional Solicitor General Tushar Mehta, appearing for the CBI, told the bench.
However, the bench observed that it could be a case of "mistaken identity".
The CBI has approached the apex court seeking transfer of the matter pending before the high court.
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The Orissa High Court had recently issued notices to the CBI and the state police on a plea seeking a judicial probe into the incident. The high court had sought responses on the plea filed by the bar association there.
During the hearing today, the apex court said that it would hear the matter after the Diwali vacation.
The police has said that on the basis of information provided by a security guard posted at the residence of the judge, a case under IPC sections 448 (house trespass), 353 (to deter public servant from discharge of his duty), 511 (to commit a cognizable offence) and 34 (common intention) was registered with the Cantonment police station here.
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