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The counsel appearing for Gandhi mentioned the matter before a bench headed by Chief Justice Ranjan Gogoi and said they be allowed to file a reply on the contempt notice.
The bench, also comprising Justices Deepak Gupta and Sanjiv Khanna, allowed advocate Sunil Fernandes, who was appearing for Gandhi, to file the counter affidavit.
The apex court had on April 23 issued criminal contempt notice to Gandhi for his “chowkidar chor hai” remark on Prime Minister Narendra Modi while referring to the Rafale judgment, which the apex court said was “incorrectly attributed” to it.