A three-judge bench of justices Altamas Kabir, Cyriac Joseph and H L Dattu asked senior counsel Ram Jethmalani, appearing for Prashant Bhushan, to discuss the issue with amicus curiae Harish Salve and work out the solution.
The apex court passed the order after rejecting Jethmalani`s plea that the proceedings should be dropped as it "would not serve the purpose of the Contempt of Courts Act."
"I may have to lead the evidence," he said but the court said it was upto Bhushan to decide whether he wants to continue to the proceedings or end the same by tendering an apology.
Bhushan is facing contempt proceedings for his interview to `Tehelka` magazine in which he made some insinuations against Justice S H Kapadia in 2009 as well as some other judges and previous Chief Justices of India.
He had said Justice Kapadia, being a member of the Forest Bench along with then Chief Justice K G Balakrishnan, should not have heard the matter relating to Vedanta Sterlite Group as he held shares of the company.