A bench of Justices A K Sikri and Ashok Bhushan asked Ravi Bhandari to serve a copy of his petition to the Maharashtra government.
The top court listed the matter for further hearing on March 27.
Senior advocate Mukul Rohatgi, appearing for Bhandari, said his arrest is illegal detention and he can’t be booked for the offence of culpable homicide.
He said the apex court has already held in the Bhopal gas tragedy and Uphaar cinema hall fire case that they are cases of negligence, which is a bailable offence.
The Bombay High Court had recently dismissed Bhandari’s bail application.
Bhandari was arrested in January along with fire officer Rajendra Patil and Utkarsh Pandey, who supplied hookahs to the pubs Mojo’s Bistro and 1 Above where the fire started. All three are in judicial custody.
Fourteen persons were killed and several others injured when a fire broke out at the two pubs in the Kamala Mills compound in central Mumbai on December 29, 2017.