In B.C. Supreme Court on Thursday, Virk's lawyer, Kevin McCullough, asked Justice Elizabeth Bennett to issue a court order saying the government hasn't complied with orders to hand over all relevant material.
Bennett must now read 15 new affidavits, including statements from high-level political advisers like Martyn Brown, Premier Gordon Campbell's chief of staff, before she is expected to rule Monday on how to proceed.
Basi's lawyer, Michael Bolton, spoke to reporters outside the court Thursday morning.
"We are very concerned as to what happened. We really need the answers because this is very important evidence that could affect the outcome of this case," Bolton said.
Leonard Krog, the New Democrats' attorney general critic, called for the appointment of a special prosecutor to oversee an investigation.
"If this information is true, it amounts to not only a violation of government policy, but also a serious breach of trust and potential obstruction of justice," Krog said in a release.
"The investigation must determine who issued the order to destroy information and why the government turned its back on laws and policies that called for the retention of these records."
The charges of corruption and fraud against Basi and Virk stem from RCMP raids on the legislature in 2003. But the two aides have always maintained that whatever they did during the sale of BC Rail to CN Rail, it was on government orders.