Utkarsh Anand Profile picture
Sep 23, 2020 19 tweets 6 min read Read on X
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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More from @utkarsh_aanand

Jul 20, 2021
#SupremeCourt reproaches the #Kerala Govt over #lockdown relaxations owing to #Bakrid. SC calls it shocking state of affairs that the state government gave in to pressure groups.
SC adds affidavit by the #Kerala Govt is alarming & doesn't in real manner safeguards right to life guaranteed to all the citizens of #India.
#SupremeCourt underlines if there is any spread of the infection due to the relaxations by the #Kerala Govt owing to #Bakrid, any person can bring it to the notice of the court which will then take appropriate action.
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Jul 19, 2021
Hearing to commence before the #SupremeCourt on suo motu on the #KanwarYatra.
An application has been filed in this matter by @pkdnambiar against relaxation of lockdown norms in #Kerala for #Bakrid celebrations.
Hearing begins. Court goes through the latest affidavit by the #UttarPradesh Govt, cancelling the #KanwarYatra.
Sr adv CS Vaidyanathan reads out the affidavit that states that kanwar sanghs have themselves decided not to have the #KanwarYatra & hence, no orders from the state disaster management authority is required.
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May 26, 2021
Of 527 pages on acquittal of Tarun Tejpal, #Goa judge Kshama M Joshi has used around 400 pages, dissecting testimony of the complainant in arriving at how an 'educated journalist' should've known whether she 'pulled up' her underwear or 'picked up'.
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May 25, 2021
#SupremeCourt issues notices to #WestBengal Govt & Centre on a PIL for a SIT probe into post-poll violence in the state & massive displacement of people.
SC also seeks responses from national commissions for women & children on providing relief in camps etc. Next hearing in June
Another petition filed by families of two #BJP supporters allegedly killed by #TMC workers will also be taken up by the #SupremeCourt later today.
#WestBengal Govt, through sr adv Sidharth Luthra, points out that post-poll violence matter is already pending before a five-judge bench in the #Calcutta HC and hence, the #SupremeCourt may not need to hear this matter at this juncture.
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May 24, 2021
#SupremeCourt commences hearing of its suo motu proceedings on ameliorating the conditions of migrant workers during the #COVID19 induced #lockdown.

It expresses displeasure at Centre not submitting its affidavit in time.
"You were directed to file your affidavit a day before the hearing but you have done it just now. Our orders are meant to be compiled with," SC tells Centre.

Adv Prashant Bhushan, appearing on behalf of some activists, addresses the shortcomings in replies filed by states.
SC clarifies it hasn't directed states to grant cash transfer in lieu of dry ration after Bhushan mentions that court also wanted to know about cash transfers.

As he talks about cooked food, SC observes the situation doesn't appear to be as grave as last year for migrant workers
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May 6, 2021
#SupremeCourt hearing on #OxygenShortage in #Delhi underway: Centre informs that #Delhi received more than 730 MT of medical #oxygen yesterday, in compliance with the court order.
SG Tushar Mehta adds a survey last evening has revealed all major #Covid
hospitals have sufficient #oxygen & there wasn't a single complaint of stock-out. A large quantity of #oxygen received y'day is still to be distributed by #Delhi, prolonging the turn around time. S
SG Mehta's note further points out #Oxygen to #Delhi has come at the cost of demands by some other states & under the orders of the #SupremeCourt.
Read 19 tweets

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