Facebook India VP moves SC against Delhi Assembly panel’s summon over platform’s alleged role in Delhi riots

It further states that police and public order in Delhi is not under the jurisdiction of the Delhi government but that of the Centre.
Facebook India VP Ajit Mohan (File Photo | PTI)
Facebook India VP Ajit Mohan (File Photo | PTI)

NEW DELHI: Facebook India Vice-President Ajit Mohan on Tuesday moved the Supreme Court against a notice issued by a Delhi Assembly panel to appear before it over the social media platform’s alleged role in the Delhi riots in February.

A three judge bench headed by Justice SK Kaul will take up the matter on Wednesday. Last week, Facebook India executives had skipped summons issued by the Assembly’s Committee for Peace and Harmony headed by Aam Aadmi Party spokesperson and legislator Raghav Chaddha over a Wall Street Journal report that claimed Facebook deliberately did not act on hateful content. The notice asked Mohan to appear on September 23.

In his petition, which is set to be argued by senior advocates Harish Salve and Mukul Rohatgi, the Facebook India chief has argued that the Delhi Assembly panel does not have the authority to compel him to appear before it, since the same issue was already pending before a parliamentary panel. It further states that police and public order in Delhi is not under the jurisdiction of the Delhi government but that of the Centre.

The Assembly panel had sent summons to Mohan twice asking him to appear before it and stated that if he failed to appear, then it would be construed as a “breach of privilege.” The petitioner said there “is no law that empowers a state legislature, including a committee formed by that legislature, to take coercive action against any person unless it obstructs or impedes its legislative functions”.

The plea further avers that “summons create a chilling effect on the free speech rights of users of the Facebook service”. It states that the petition involves a question of whether a Committee of a State Legislature can compel a non-member to answer questions, thereby overriding the non-member’s fundamental rights under Article 19 (1)(a) and Article 21 of the Constitution.

What panel had demanded
The Delhi Assembly’s Peace and Harmony Committee has sent a last notice asking Mohan to present himself for a deposition before the panel on September 23. It had warned that failure to do so would be seen as breach of privilege

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