Thread by @barandbench

Supreme Court to continue hearing petition filed by @Facebook India chief Ajit Mohan challenging the summons issued to him by Delhi Assembly's Committee in relation to #DelhiRiots2020. Senior Adv Harish Salve for @secondatticus to resume arguments
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Salve takes the court through nature of privileges.

Senior Adv Salve: It is more of a shield than a sword. Thr nature is such that you cannot carve them into weapons. Your lordships can look into this.. it is not a no go area.

@Facebook

Salve: Even my refusal to answer a privilege committee is not something I can be hauled up for.

Matter to resume at 2 pm.
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@Facebook

Senior Adv Salve: This is a very dangerous precedent to set up a committee and then ask someone to come and give evidence.

Senior Adv Harish Salve: if Parliament expressly makes a law of privilege based on Article 194 then it will be subject to Part III of the Constitution.

Senior Adv Harish Salve reads excerpts from what Law of Privilege was held to be in Canada

Salve: Article 14, 19 and 21 all would apply here. Right to freedom of speech of members of the house is regulated by the power of the speaker to expunge the records. If a member makes a defamatory statement and speaker thinks it should be taken off it is taken off the record

Salve: contours of free speech doesn't extend to all kinds of speech. Police can ask me questions as it is undrer law but anyone else asking i will not answer it...As a house of legislature you cannot compel me or jail. You are taking me back to 17th century.

Justice Sanjay Kishan Kaul: You are taking the reverse side. You are saying it is different than summoning an executive functionary...

Senior Adv Salve: Para 14 of the Amarinder Singh dealt with this

Justice Kaul: You are saying any committee can subservient a purpose but does not take the form of a parliamentary committee.

Salve: The committee tried to carry on prosecution of an individual.. public order is not within their domain.

Salve: summons candidly refer to Wall Street Journal report. Chair of committee conducts a press conference and says that they will summon @Facebook Then they say they have the power under concurrent list. They are not dealing with bill or law under concurrent list

Salve: It is no power of the constitutional functionary of a state assembly to tell the Union what law to make under List I.

Justice Kaul: recommendation to make or not make law under part 1 is an essential legislative function

Salve: Then they say they might not have power but relies on the cooperative federalism point by the Supreme Court

SC: I don't know how seriously they have contended this?

Senior Adv Dhavan: I have been discussing cooperative federalism from Argentina, USA etc and without it federalism cannot survive.

Salve: Cooperative federalism was used by former CJI Dipak Misra to see that Parliament continues legislate under Part 1.

Senior Adv Salve: sometimes a word of caution from you can help

Justice Kaul: Sometimes it may help or sometimes not. Some get wiser later

Salve: You cannot implead me as a party. Dr Dhavans submissions says these are premature issues as only summons were issued. Privileges are to the house and not to the executive government and they can only be empowered by law to excercuse such functions.

Salve: If you summon an American corporation he may or may not appear. But you summon an Indian citizen who lives in Delhi who is familiar with the facts.

Matter adjourned to February 2, 2021.
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Senior Advocate Arvind Datar to use a day for arguments. Senior Adv Salve to wrap up in an hour

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