Supreme Court is scheduled to take up for hearing shortly, petition filed by @Facebook India chief Ajit Mohan challenging the summons issued to him by Delhi Assembly's Committee in relation to #DelhiRiots2020.
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@secondatticus #SupremeCourt
Hearing begins.
SC indicates the matter may be listed on a non miscellaneous day for hearing.
SC indicates the matter may be listed on a non miscellaneous day for hearing.
Justice Sanjay Kishan Kaul asks Senior Counsel Abhishek Manu Singhvi if his client has sent a fresh notice to the peititoner.
Singhvi: I have done something better. My client has put it on affidavit.
Singhvi: I have done something better. My client has put it on affidavit.
Singhvi is reading from the affidavit filed by th Delhi assembly which submits that no coercive action was taken against Mohan and none lead intended to be taken if he had appeared as a witness before the Court.
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#SupremeCourt #DelhiRiots2020
Justice Kaul: Sometimes speaking too much is also an issue. When you are a body you need not say if this happens then that may happen etc.
(Justice Kaul asks Singhvi if his client is averse to filing a new notice)
Singhvi: The new notice will be in line with the affidavit.
(Justice Kaul asks Singhvi if his client is averse to filing a new notice)
Singhvi: The new notice will be in line with the affidavit.
Senior Counsel Harish Salve too refers to the affidavit filed by Delhi Assembly.
Salve highlights that the affidavit says Mohan has no right to silence, among other things.
Salve highlights that the affidavit says Mohan has no right to silence, among other things.
Salve also raises the question of jurisdiction of the Delhi Assembly Committee in the issue.
SG Tushar Mehta for Centre: I also agree that Police is not under the jurisdiction of Delhi govt and the Delhi Assembly is inherently without jurisdiction
SG Tushar Mehta for Centre: I also agree that Police is not under the jurisdiction of Delhi govt and the Delhi Assembly is inherently without jurisdiction
SC observes that the question essentially becomes one of jurisdiction.
Salve: To an extent that they said that I have appeared before a Parliamentary committee and I'm estopped from refusing to appear before Assembly committee
Salve: To an extent that they said that I have appeared before a Parliamentary committee and I'm estopped from refusing to appear before Assembly committee
Justice Kaul: The contour of the debate is whether in matters pertaining to law and order whether Delhi government will be empowered to constitute a fact finding committee.
What is the role of the Delhi Assembly, does it have power in this.
What is the role of the Delhi Assembly, does it have power in this.
SC indicates it will fix a date for detailed hearing.
SC says affidavits to be filed by October 31 and rejoinders within two weeks thereafter.
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#SupremeCourt
Matter listed for hearing, tentatively, from December 3, 2020.
SC: The interim arrangement envisaged in the order of 23.09.2020 to continue.
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