No coercive action against FB VP till Oct 15: SC to Delhi Assembly panel
The Supreme Court on Wednesday directed the Delhi Legislative Assembly panel not to take coercive action against Facebook India and Ajit Mohan, vice president and managing director of Facebook India till October 15 in connection with summons asking him on behalf of Facebook to depose before it with regard to Delhi riots.
Mohan had challenged the notice from the Delhi Assembly’s ‘Peace and Harmony’ committee in the Supreme Court. Besides Mohan, other petitioners include Facebook India Online Services Pvt Ltd and Menlo Park-headquartered Facebook, Inc.
The Delhi Assembly’s ‘Peace and Harmony’ committee is probing the social media giant’s alleged failure to track down hate-speech. It is looking into the complaints related to the complicity of Facebook officials in the Delhi riots that took place in February 2020.
A three-judge bench comprising Justices Sanjay Kishan Kaul, Aniruddha Bose and Krishna Murari issued notices to the secretary of the Legislative Assembly to respond to the plea. They also issued the notices to the ministries of Law and Justice, Home Affairs, Electronics and IT, Lok Sabha and Rajya Sabha, represented by the secretary general, and Delhi Police, asking them to respond to the petition.
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The petition challenged the jurisdiction of the Panel having no right to take action against Mohan. It also mentions that there is no law that empowers a State Legislature to take coercive action against any person unless it obstructs or impedes its legislative functions.
“The Hon’ble Supreme Court has granted interim relief to Ajit Mohan and Facebook in an urgent petition filed by Facebook on September 22, 2020, to enforce their fundamental rights through a Writ Petition invoking Article 32 of the Constitution,” said Sumit Kochar, a corporate commercial lawyer and transaction advisory partner at Dolce Vita Trustees. “As a relief to Facebook, it has been ordered that no meeting will be convened by Delhi Legislative Assembly panel calling Ajit Mohan or any other representative to appear before the panel in relation to the Delhi riots till the disposal of a petition filed by Facebook against various respondents including but not limited to Delhi Legislative Assembly panel.”
The order talks about no coercive action against Ajit Mohan and Facebook in relation to summons dated September 10, 2020, and September 18, 2020, as they pleaded that by targeting a platform used for communication, creates a chilling effect on even lawful speech, in violation of the fundamental right to freedom of speech and expression.
Facebook did not comment about the query on the development at the Supreme Court.
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The senior advocate representing Facebook’s Mohan mentioned that the right to freedom of speech and expression under Article 19(1)(a) of the Constitution includes the right not to speak.
It was mentioned that he can’t be forced to appear before the panel with a threat of penalty. It was also mentioned that Facebook facing the issue has political overtones. The counsel further submitted that public order and police are subjects that stand excluded from the power and authority of the Delhi Legislative Assembly.
Legal counsel representing Facebook submitted that it is not a breach of privilege if Mohan does not go before the Committee. He also referred to the press conference in which the Committee alleged that Facebook was responsible for playing a role in the Delhi riots.
Legal counsel representing the Committee argued that Mohan of Facebook was called only as a witness. He mentioned that there would be no coercive action for non-appearance. The legal counsel mentioned that Facebook is not called as an accused, but to find whether the Facebook platform was misused.
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