Johnny Mercer is appealing against an order requiring him to name those who tipped him off about murders allegedly committed by British special forces in Afghanistan.
Mr Mercer, Minister of Veterans May face jail time He decided not to hand over the information to an independent inquiry Afghanistan.
Sir Charles Haddon-Cave, chairman of the inquiry, repeatedly asked the former soldier to name those who tipped him off about alleged killings by British troops.
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But Mr Mercer refused to do so because he did not have the source’s permission.
Under the law, statutory inquiries have the power to order people to give evidence, and refusing to do so could result in someone ending up in jail, although this remains a remote possibility.
Sir Charles made an order under the Inquiries Act, which Mr Mercer has a deadline of Friday to comply with.
However, his appeal deadline is Wednesday.
A statement from the inquiry said: “The independent inquiry relating to Afghanistan has received an application from Mr Mercer to quash a section 21 notice.
“The application will be submitted to the chairman of the inquiry, Mr Justice Haddon-Cave, who will make a decision in due course.”
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Lord Justice Haddon-Cave presided over the inquiry
Mr Mercer wrote on social media on Tuesday: “I am aware of tomorrow’s deadline for the Afghanistan Inquiry Order, which requires me to name the whistleblower who confided in me.
“I am challenging the order by filing an application under Section 21(4) of the Investigations Act 2005, seeking to quash the Section 21 notice.
“It would be inappropriate to comment further.”
Mercer told the inquest last month that he would not name those who came to him out of “good faith.”
He claimed “multiple police officers” told him about the allegations of murder and cover-up in Afghanistan.
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Sir Charles said Mr Mercer’s decision “to refuse to answer legitimate questions at a public inquiry” was “disappointing… surprising… and completely unacceptable”.
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