Thread by @barandbench

Justice Sanjay Kishan Kaul led bench of #SupremeCourt to shortly hear petition filed by @Facebook India's Ajit Mohan challenging the summons issued to him by Delhi Govt Committee in relation to #DelhiRiots2020. Senior Adv Harish Salve to wrap up submissions today

@secondatticus

Senior Counsel Harish Salve arguing in behalf of Facebook.

In democracy, we have different views. One may feel, one community is responsible. Another person will feel another person is responsible: Salve.

@Facebook @FacebookIndia

Salve taking court to through the notice issued by Peace committee to Facebook India head Ajit Mohan.

It is asking for his personal views: Salve.

It asks for his views on "intentional omission on part of social media" and the role of the same in the riots, says Salve.

#facebook #supremecourt

It is well established that to compel me to speak when I have right to silence, the least that is needed is a legislation. Is assembly privileges good enough? No: Salve.

#facebook #SupremeCourt

Salve places reliance Shayara Bano which laid down manifest arbitrariness as a ground to strike down laws which is now recognised as per Supreme Court judgements.

#Facebook

Salve also contends how due process doctrine is part of Indian jurisprudence.

"The wheel has turned a full circle, due process is here to stay," Salve.

#facebook

@FacebookIndia

On Scottish parliamentary privileges, Salve says a person is not obliged to answer any question on produce any document.

#Facebook

Bench rises for lunch. Salve says he will conclude his arguments in 15 to 20 mins after lunch.

#facebook #SupremeCourt
#DelhiRiots

Bench assembles; Hearing resumes.

Salve continues his arguments.

#facebook #delhiassembly #DelhiRiots2020

Salve cites Entry 74 of Union List of seventh Schedule of Constitution.

It deals with powers and privileges of Parliament and Committees of each house.

#facebook

There is nothing in Legislative entries which provides for this kind of legislation.

#facebook #supremecourt

Salve refers to Article 239AA (7) which empowers Parliament to make law to give effect to or supplement provisions relating to special provisions with respect to Delhi.

#facebook #DelhiAssemblyNotice

The laws contemplated under Articles 324, 327, 239AA (7) are subject to Part III of Constitution. Hence, MSM Sharma judgment does not apply in this case: Salve

#Facebook #DelhiAssemblyNotice

Harish Salve concludes his arguments.

#Facebook #DelhiAssemblyNotice

Solicitor General Tushar Mehta commences arguments on behalf of Central government.

#Facebook #DelhiAssemblyNotice

Mehta says he has only short submission for now. But says he reserves right to make arguments after Delhi assembly's submissions.

Dhavan objects to that. States that respondent cannot be expected to reply to an argument which is made after their argument.

Solicitor General Tushar Mehta says he is a respondent.

Dhavan again objects. Says Arvind Datar for Facebook who is petitioner is not yet heard, then how can Solicitor General who claims to be for response t argue before petitioner, ask Dhavan.

Exchange of words follow.

This is school boy like arguments, I can argue after Datar: Mehta.

Dhavan objects to Tushar Mehta's choice of words.

Salve says he feels SG should argue first.

Bench allows SG to go ahead.

Information Technology and law relating to intermediaries fall within the domain of Parliament and Delhi assembly or for that matter no assembly has jurisdiction over it: Tushar Mehta.

Lack of jurisdiction goes to the root of the matter. Your Lordships should confine yourself to that. This is important because otherwise States will start interfering with subjects which are not within their domain under the garb of cooperative federalism: Tushar Mehta

#Facebook

Cooperative federalism was used by Your Lordships in a different context. It does not empower States to go into areas which are in Union List: Tushar Mehta.

#Facebook #DelhiAssemblyNotice

When the field is occupied both with respect to law and order and IT, then where do they (Delhi Assembly) get power to examine people, prepare a report and give recommendations: Tushar Mehta.

We don't think we need to look into whether the assembly can constitute such a committee. The issue before us is whether such a committee can compel a private person to appear before it: Justice Sanjay Kishan Kaul.

#Facebook #DelhiAssemblyNotice
#SupremeCourt

Suppose they (Facebook) voluntarily join the inquiry by assembly, then Government of India cannot say they should not join. That is not the role of GoI. The issue is whether they can be compelled to join and whether privileges can be utilised to compel them to join: SK Kaul J.

Mehta says if the Court decides the Assembly could not have constituted the committee, then rest of issues need not be gone into.

Tushar Mehta concludes.

#Facebook @FacebookIndia

Arvind Datar commences arguments in behalf of @Facebook

I am really concerned. Today if they are summoning one of our employees, then tomorrow other states might also do it: Datar.

#DelhiAssemblyNotice

Datar refers to Government of India Act as per which provincial government legislatures and members had no powers or immunities but only privileges.

#Facebook #DelhiAssemblyNotice

It is my submission that Art 194(3) applies to every State assembly but Delhi is on a special footing in that the provision on Delhi (Article 239AA) comes under of Union Territories in Constitution: Datar.

#DelhiAssemblyNotice #Facebook

Datar specifically points out that Delhi Assembly does not powers in relation to entries 1 and 2 of the State list which deals with public order and police.

#Facebook #DelhiAssemblyNotice

The very Constitution of committee is in matter relating to entries 1 and 2, argues Datar, reading out a bulletin of March 2020 which announced the constitution of the committee.

The very constitution of this committee is unconstitutional: Datar

#DelhiAssemblyNotice
@CMODelhi

Delhi assembly does not have power to summon witnesses in relation to a subject in Union List. They cannot make any committee to go into a subject which is outside their jurisdiction under the Constitution: Arvind Datar.

#facebook #DelhiAssemblyNotice

Conversely, Parliament also cannot summon witnesses in a matter which is in State list: Arvind Datar

#Facebook #DelhiAssemblyNotice

@CMODelhi @Facebook

Datar citing cases including from United Kingdom on scope of powers and privileges of legislatures.

#DelhiAssemblyNotice

It is not open to a legislature to form committee to go into a field beyond their jurisdiction: Datar.

#facebook #DelhiAssemblyNotice

The bulletin was issued to go into law and order issue arising out of communal riots. When assembly itself is precluded from doing so, how can it constitute a committee to go into it, asks Datar placing reliance on 2018 judgment of Supreme Court in NCT of Delhi v. LG. #facebook

What has been specifically denied by Constitution cannot be done through a committee: Datar

#Facebook #DelhiAssemblyNotice
#SupremeCourt

@CMODelhi

Entry 1 and 2 which will cover communal riots and disturbance is completely outside the jurisdiction of Delhi Assembly: Arvind Datar.

#Facebook #SupremeCourt

Any examination or investigation by such a committee is circumscribed by the legislative powers conferred on the assembly: Datar.

#facebook #DelhiAssemblyNotice

Datar says there are lot of PILs these days dragging Facebook and Google to court whenever there is some riot: Datar.

@Facebook @WhatsApp

I am only an intermediary. In fact, I am prohibited from knowing the contents of the communication, says Datar citing exemption for intermediary under Section 79 of IT Act.

#Facebook #DelhiAssemblyNotice

When there is some message causing communal riots, we have nothing to do with it not initiate it: Datar concludes.

Bench rises. Hearing to resume tomorrow when @DrAMSinghvi will argue for Delhi Assembly.

#facebook #DelhiAssemblyNotice
#DelhiRiots

@Facebook @CMODelhi

[Delhi Riots] Committee formed by Delhi Assembly to probe social media giants' omissions unconstitutional: Centre, Facebook tell Supreme Court [FULL STORY]

@FacebookIndia @Facebook @CMODelhi

#DelhiRiots2020 #SupremeCourt

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