Buta Singh, who holds a post of Cabinet rank, argued that the agency couldn't question him without taking mandatory sanction from the Centre.
On this, Justice Geeta Mittal issued notice to the CBI and asked it to file its reply by Monday, Aug 31.
After accepting the notice, Advocate Harish Gulati, appearing for CBI, said he would take instructions from the agency on whether sanction was taken or not before summoning Singh.
Buta Singh's son Sarabjot Singh was arrested by the agency on Jul 31 for allegedly demanding a bribe of three crore rupees from Nasik-based contractor Ramrao Patil.
Earlier, Buta Singh had stated "Latest attack (by CBI) is an attempt to kill my whole political life and my political future."