NEW DELHI: The Centre on Thursday opposed the proceedings initiated by the Delhi Assembly’s Peace and Harmony Committee against Facebook and its India vice president Ajit Mohan concerning the February riots, saying the panel did not have jurisdiction to do so.
Solicitor General Tushar Mehta, appearing before a Supreme Court bench headed by Justice S K Kaul, said the inquiry pertained to law and order in Delhi, a subject that was not within the purview of the Delhi government. The court was hearing petitions by Facebook and Mohan, challenging the summons issued by the Delhi Assembly panel.
“Our stand is that ‘public order’ and ‘police’ are within the domain of the Union of India and the Assembly has no jurisdiction to issue the summons,” Mehta told the court.
Mohan and Facebook had approached the court challenging the notices issued by the Peace and Harmony Committee. In response, the Delhi Assembly through senior advocate Abhishek Manu Singhvi informed the court that it did not summon Facebook and Mohan as accused but only as witnesses to elicit a suggestion on how social media platforms can be utilised to strengthen unity among citizens.
But the two petitioners, through senior advocate Harish Salve, disputed Singhvi’s contention, objecting to the coercive tone of the panel’s affidavit and refused to appear before the committee.
Salve also complained against the panel’s claim that Facebook and its VP had no right to remain silent and said, “They have set up an inquiry committee which wants to ask ‘how dare you?’ I am not willing to appear before such a committee.”
Singhvi, however, said nobody should be allowed to approach the SC to seek an advance ruling without appearing before the assembly panel.
The bench then said it will view this dispute in context of powers and jurisdiction Delhi has under the Constitution. “The crux of the issue might be part of the issue which has already travelled to the SC on the powers of Delhi assembly,” the court said, referring to an earlier constitution bench judgment that gave a ruling on who has administrative authority to take decisions in Delhi.
Case adjourned, next hearing on December 2
The SC bench adjourned the case to December 2 and allowed the parties in the case, in the meantime, to file their written submissions and extended its previous order of restraining the committee to not hear the matter until the case was pending.
Facebook and its India vice president Ajit Mohan had approached the court challenging the notices issued by the Peace and Harmony Committee.