Utkarsh Anand Profile picture
National Legal Editor, Hindustan Times Past: CNN-News18, Indian Express, Press Trust of India

Sep 23, 2020, 19 tweets

Hearing before #SupremeCourt on a petition by #Facebook VP Ajit Mohan commences.

Sr adv Harish Salve begins arguing for the petitioners.

The bench seeks to know where is the threat issued by the #Delhi Assembly Peace & Harmony Committee.

Salve takes the bench to the relevant page in the petition.

"This is quite remarkable. Who is this deputy secretary issuing this serious threat. What privilege, whose privilege?" Salve submits before the bench headed by Justice Sanjay K Kaul.

I am an outsider. I am nit interrupting proceedings of your committee. Whether I can be asked to appear or not is for somebody to decide. But if I don't want to appear in a matter that has political overtones. I don't want to come in middle of this. Can I be compelled?: Salve

Mukul Rohatgi appears for #Facebook Inc. He contends the summons are completely unconstitutional.

"He (Ajit Mohan) is my employee. I don't want my employees to get in the middle of such a matter."

#DelhiRiots2020

Salve points out the issues relating to #DelhiRiots2020 has political repercussions. "And the moment the Committee talks about an enquiry into whether posts on #Facebook were tilted, I have already been prejudiced," adds the senior lawyer.

Salve now points out issues of enquiry into aspects of #DelhiRiots2020 aren't in the domain of Delhi assembly.

"Police & public order are not under the powers of Delhi assembly. The committee has no authority of law to deal with these issues hence."

"I am not a public servant. I am a private employee of a company. My rights under Art 19 can't be curtailed like this. This court can't issue an order & I will comply. Contempt of court, yes but breach of privilege, no," adds Salve.

#DelhiRiots2020

Kaul J: Summarise your points & conclude. We can't decide finally this petition at the current stage.

Salve: Protect me, stay all coercive actions against me.

Rohatgi: I am for the company for whom Mr Salve's client works. He is my employee. He has been summoned.

Kaul J: But he has been asked to depose about the affairs relating to the company. What's so wrong with this?

Rohatgi: The Committee talks about how #Facebook is guilty of complicity..how an FIR should be registered..are they judges?

Rohatgi: I have been asked by various parliamentary committees to come & give views. If I don't want to go, will I be hauled up for breach of privilege?

"Also, look at how we were called by the Union Govt to suggest on certain aspects & we participated willingly."

Rohatgi now cites the press conference by the Delhi assembly panel on Aug 31.

He objects to the comments by Raghav Chadha talking about "complicity" of Facebook.

Sr adv AM Singhvi appears for Delhi Govt.

Kaul J: Have you seen the language of your notice? And what was said in the press conference? We are going to issue notices. The question is about the interim protection.

Singhvi: They have been given 45 min. Give me sometime too to argue.

Kaul J: On a lighter side, it isn't a TV debate where you said another panelist has been given 5 min so give me 5 min too.

We will issue a notice. It is all about protection in the interim.

Singhvi: Art 19 isn't applicable to Ajit Mohan since he hasn't pleaded citizenship. He doesn't say he is a citizen of India.

"I have sought instructions from the Committee that Mohan has been asked only as a witness & there is no question of coercive action."

Kaul J: You have to take a categorical stand whether you said this in press conference or not.

Singhvi J: I speak for the Committee & chairman (Chadha). He is called only as a witness & there is no intent of coercion. We want to come out with ways how FB misuse can be minimised

Kaul J: If you have advised them so much, advise them better. Is this deputy secretary acting on his own?

Singhvi: We have a meeting today which we will defer on our own. We will give to court in writing.

Singhvi urges #SupremeCourt not to say anything in order & that the panel will hold its hands for now.

Kaul J: Let me have the privilege of fixing a date after issuing notices. And we will record what you have to say.

SC order: Notices issued to Delhi Govt, Centre, LS, RS, Delhi Police. The only purpose of serving notices to LS & RS is interplay of powers between parliamentary committees.

Counter affidavits in a week, rejoinder in 3 days.

#SupremeCourt records statement by the Delhi Govt that proceedings qua Facebook will remain stayed till the next date of hearing.

Next date Oct 13.

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