Facebook India chief has submitted that the Delhi Assembly's committee does not have the Authority to compel him to appear before it, since the same issue was already before a parliamentary panel. @AamAadmiParty@ArvindKejriwal@LtGovDelhi@raghav_chadha
.@secondatticus is set to argue that
"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." #DelhiRiots
Salve: Privilege is something to be decided by the Assembly. A committee cannot decide whether action on privilege can be taken or not.
(Salve highlights that non presence of Mohan was said to be deemed as "breach of privilege" in the summons)
Salve: This is a serious threat.
Salve: Important points we make are two fold ~
- I have a right u/A 19, and
- The Right to free speech includes right not to speak.
Salve: As a house you may decide whatever you want to do but if I do not want to participate and give my views before the Committee then... And please consider I work for a US based company. I do not want to comment on this politically sensitive issue.
Salve: Wall Street journal has accused Facebook of favouring a certain party but I don't want to get into all this.
My Constitutional rights under Articles 19 and 21 are violated when I am forced to come on oath and give my views.
Salve: As a house they may form whatever committee to look into an issue but when they are forcing me to come on oath and give me views and opinions and testify at the threat of punishment, this is completely contradictory.
Salve: Breach of privilege is not exception under Article 19(2). Contempt of court, yes.
Justice Kaul: What is proposition you are making for which you are citing the judgment? We cannot decide this issue finally at this point which is why we posed the question.
Rohatgi: In the press conference they said that incriminating material was not taken down. If it was not taken down, then everyone has right to move the Court for it.
Everyday Facebook is told to take down material that is in violation of the laws. They could have gone to Court.
Dr. Abhishek Manu Singhvi is now arguing on behalf of the Respondent.
Singhvi: The case they are trying to make out, cannot be made out.
Justice Kaul: As far as notice is concerned, we are going to issue it. You argue on protective order or relief to be given or not.
Singhvi: Privilege and coercion is projected to get orders from My Lords.
Justice Kaul: You have given them the chance to by sending the orders (summons)
Singhvi: This person is called ONLY AS A WITNESS and no coercive steps...
Justice Kaul: If you are trying to change the legal tenor then it must be in those terms. You may have to take a stand for this Committee... You may have to file an affidavit to clarify this.
Singhvi: The points I am making that can be taken on record are ~
1. only as a witness 2. No coercive action 3. Reason Facebook is called, not as an accused, but want to get safeguard measures from them as to how the platform will not be misused.
Singhvi: He is only being summoned as a witness.
Justice Kaul: This is not what you have said in the notices. You have advised them, advise them better and issue better notices.
Singhvi: I will rectify the order and address the deficiencies that are bothering My Lords.
Justice Kaul: I'm sure you will be able to remedy the notice. And in that press conference, if you have said those things, then you will have to take a stand.
Singhvi argues that the transcript of the press conference read out is misleading because it intended to show that Facebook was misused.
Singhvi urges the Court to record his submissions and points out that Ajit Mohan was required to be present before the Committee today at 3. On account of the hearing, the meeting is deferred.
Singhvi assures the Court that he will file an affidavit addressing all the issues.
#SupremeCourt issues notice on Ajit Mohan's petition.
Court gives one weeks' time to the respondent to file counter affidavit.
Supreme Court records that the Committee will not hold a meeting qua this petition till further orders.
Is Arvind Kejriwal deliberately eating mangoes and sweets to spike sugar level and create ground for bail?
Delhi court to examine Tihar Jail report shortly after ED's allegations.
Hearing to start at 2PM.
#ArvindKejriwal @AamAadmiParty @ArvindKejriwal
Yesterday, ED's Special Counsel Zoheb Hossain had informed the Rouse Avenue Court that the details came to be known after the agency wrote to Tihar jail and sought information about Kejriwal's diet and the medicines being taken by him.
Kejriwal's lawyers have refuted ED's allegations and said that these are merely allegations for the media.
They have alleged that ED does not want Kejriwal to even have home cooked food which has been allowed by the Court.
#SupremeCourt to hear plea seeking directions for the counting of all VVPAT slips. The plea seeks the court's direction to the Election Commission and the Centre to ensure that voters are able to verify through VVPATs that their vote has been "counted as recorded" #EVM
Adv Nizamuddin Pasha makes submissions: voter secrecy is not compromised at any stage..also the my right to secrecy cannot..
I hope you understand what you are arguing and the practical results of it
Pasha: milord..
SC: if you still argue then fine..the last slip will always be at the bottom.. do not take more time..
Pasha: it is the rights context in which this debate lies..
SC: you have applied the doctrine of proportionality
Pasha: yes fundamental right to know for whom vote is casted, right to free and fair election etc.. these are all rights of voters and it does not affect somebody else
SC: Tell us which are the four prongs of doctrine of proportionality
Pasha: the doctrine comes when there are two conflicting rights.. i am a stage anterior to this..
SC: all fundamental rights can be curtailed on the basis of certain exceptions..
Adv Prashant Bhushan:in the VVPAT machine the light remains on for 7 seconds, if that light can be on always so that voter can see the slip cutting and falling or other slip being cut etc also.. that can be done if the glass cannot be changed.
Calcutta High Court bench led by Justice Joymalya Bagchi pulls up a junior advocate for coming to the court without the case papers and seeking an adjournment, in an alleged rape case.
Jr Adv: I am extremely sorry Milords.
J Bagchi: What sorry? Just write a letter to your client both you and your senior saying that the Judge was inclined to grant bail but because we were not prepared, you (accused) were not released on bail today. Please write that letter.
#CalcuttaHighCourt
J Bagchi: Henceforth, do not come to this court or rather any court without the case papers. And don't say sorry to us. Me and my brother judge aren't in jail. But someone, presumably who has given valuable consideration to you and your senior is in jail. And the trust reposed in you and your senior is being betrayed here. That is the first lesson you learn as a junior. Never betray the client.
#CalcuttaHighCourt
J Bagchi: Be always prepared. You spent 5 years in Law College, was it for the purpose of seeking adjournments.
Jr Adv: No Milords.
J Bagchi: Then tell your senior, sir if you send me to seek adjournment, give me papers and I should be atleast ready on facts. You couldn't degenerate yourself to the role of an adjournment lawyer. You must have self-respect and once start respecting yourself, your senior and everyone will start respecting you. Otherwise, no one will ever respect you.