The court was hearing an application filed by the central agency seeking three months' more time to complete the probe.
The CBI lawyer said that it had yet to examine Tirodkar, who was not cooperating. To which, Justice M R Shah said that in that case, the agency should arrest him or start the process of seizing his properties.
Advocate Japan Dave, Tirodkar's lawyer, assured that his client wanted to cooperate, and added that Tirodkar had gone to CBI's Mumbai office after getting a notice from an officer called S K Rathi, but he was told that there was no such officer there.
"He is volunteering to remain present before this court tomorrow," Dave said. Recording the statement, Justice Shah said the investigating officer too should remain present in the court tomorrow.
Tirodkar's lawyer would be allowed to be with him during the questioning at CBI's Gandhinagar office later, court said.
Jamal, a resident of Bhavnagar, was killed in encounter by state police in Ahmedabad on January 13, 2003. Police had claimed that Sadiq was a Lashar-e-Taiba operative, and was on "mission" to kill Chief Minister Narendra Modi and VHP leader Pravin Togadia.
The genuineness of the encounter became an issue after Tirodkar filed an affidavit before a court in Mumbai that he was a witness to Sadiq's hand-over to Gujarat police by the `encounter specialist' officer Daya Nayak of Mumbai police, a few days before the alleged encounter.
The High Court, last June, ordered a CBI probe upon petition of Sabbir Jamal, Sadiq's brother. The hearing on CBI's plea for more time would continue tomorrow.
