It also requested the apex court not to quash the trial court's order making Mittal and Ruia accused in the additional 2G spectrum allocation scam during the NDA's tenure.
The CBI said that though it had investigated Mittal, the evidence collected during the investigation was not considered sufficient to name him in the chargesheet.
However, after carefully going through the material on record, the special judge has taken judicial notice against the petitioner also and issued summons to face trial as accused in the case, it said.
The agency supported the reasoning of the trial court's order, saying they were directing mind and will of the companies that benefited from illegal allocation of spectrum, causing loss to the exchequer.
The affidavits were filed in compliance with the April 26 order of the apex court directing the agency to file its response on pleas of Mittal and Ruia challenging the trial court's summoning of them as accused in the case despite not being named in the chargesheet.