What Nariman J, Dipak Misra J and senior counsel UR Lalit discussed in the #RahulGandhi case

Things took an interesting turn when the Supreme Court of India heard an appeal relating to a case of criminal defamation against Congress politician Rahul Gandhi. The matter was heard by Dipak Misra and Rohinton Nariman JJ today..The trial was a result of a complaint filed by RSS activist, Rajesh Mahadev Kunte. Senior Advocate Kapil Sibal appeared for Rahul Gandhi while Senior Advocate UR Lalit appeared for Rajesh Kunte..When the matter came up for hearing today, Justice Dipak Misra, after perusing the records of the case, said that the Magistrate cannot ask the police to investigate into a criminal defamation complaint and seek a report..“In criminal defamation complaint, the police has no role. Magistrate cannot call for a report from the police in such a case. On that ground the matter can be remanded, but the ambitious prayer of quashing the case cannot be allowed”, said Justice Misra..Counsel appearing for both the parties were surprised by this. Lalit candidly admitted that he had not considered this..However, what was particularly interesting was the conversation which took place between Misra J. and Senior counsel UR Lalit, who is the father of sitting Supreme Court judge, Justice UU Lalit..Justice Misra proceeded to ask Lalit whether he has “ever practised criminal law”..Justice Rohinton Nariman immediately whispered something into Justice Misra’s ears. Misra J., it seems, realised his folly immediately, and changed his tone and told that Lalit has never appeared before him..“Sorry, now we would like to be educated on a particular point of law”, Justice Misra then told Lalit..Lalit sought time to study the point raised by Justice Misra whereupon the court adjourned the case for August 23..Last week, the Supreme Court had expressed disapproval over Rahul Gandhi’s “collective denunciation” of the Rashtriya Swayamsevak Sangh and said that he will have to express regret or face trial in the defamation case..“You can’t make wholesale denunciation of an organisation. There is a difference between Nathuram Godse killing Mahatma Gandhi and the RSS killing him,”