Thread by @barandbench

Supreme Court bench led by Justice SK Kaul to resume hearing petition filed by @Facebook India chief Ajit Mohan challenging the summons issued to him by Delhi Assembly's Peace & Harmony Committee in relation to #DelhiRiots2020.

@secondatticus #SupremeCourt @raghav_chadha

Bench starts hearing.

@DrAMSinghvi: I will finish reading the NCT judgment. Let me shift to a better platform

@Facebook
#SupremeCourt

Dr Singhvi: Delhi can be called a full state with full assembly and not merely a Union Territory barring control over just three subjects in state list. Powers of executive is co extensive with legislative functions unless there is specific exclusion

Dr Singhvi: Federalism has been held to be a part of basic structure. If federalism is not cooperative then it's not federalism at all. This is as held since SR Bommai judgment.
@DrAMSinghvi

Dr Singhvi: I had researched a piece on federalism when Nepal government was mulling how to include it in the constitution. Word Federalism is no where in our constitution. Even then it's held to be part of our basic structure.
#SupremeCourt

Justice Kaul: I think it's difficult to argue for other side to argue that you are not a legislative assembly or do not have legislature power....

Dr Singhvi, you are doing something , now Justice Maheshwari is disconnected
#SupremeCourt
@DrAMSinghvi

Dr Singhvi: We are mango people, you are the Lutyens Your lordship. How can mango people be held responsible (laughs)

Justice Kaul: I am neither from Lutyens or Khan market. (Laughs)

#courtroomexchange
@DrAMSinghvi

Justice Kaul: Matter in issue as evolving is what the sub committee is doing is it part of an exisiting entry in List 1 or is part of List 2 or you are reconciling both these lists

Justice Kaul: Justice Dinesh Maheshwari is still not here. There is a collaborative effort to deprive us of the hearing. Collaborative federalism at work (laughs)

@DrAMSinghvi : Facebook can be blamed. They are closest to the internet

@Facebook
#SupremeCourt

Justice Kaul: MTNL says it will take atleast one hour to rectify the issue
@MTNLOfficial

Matter to resume at 1.30 pm

Justice Kaul: in the new notice you have said in supersession of earlier notice

Singhvi: no the last line is already takes care of that. Notice has been issued and emailed.

Bench takes a two minute break with Justice Maheshwari's connection resuming.

Dr Singhvi: Section 18 of the NCT Act has not been challenged.

Singhvi: Mr Salve has not cited any directly competing entry of List 1. Entries will not be read on a collusion force. Power of the state is coequal.

Justice Kaul: If something is contained in list 2 and taken away from list 2 then there is the problem

Singhvi: Exclusion of some entry is covered under List 2 and my case is not under those subjects. Public order is the first item. Then comes national security etc. Entry 2 is police it adds railway and village police. Now see List 3 item 1.

Justice Kaul: but you cannot ask the police to file a supplementary chargesheet

Singhvi: We are not asking for that. I am discussing a subject which is not of pleasure to Central government

Singhvi: They have created a ghost of imagination by the petitioner by creating false assumptions. It's a false bubble which will fall apart when pricked.
@Facebook
#SupremeCourt

Singhvi: If a state cannot administer IPC then I don't know what it can do. You are hearing a peculiar case.

Justice Kaul: you have improved your situation by the new notice now

Singhvi: How do you know that I will issue recommendations after summoning them? It's a mistaken notion to think that only Centre or courts can look into public interest. A assembly is a sovereign body.
@DrAMSinghvi
#SupremeCourt

Justice Kaul: we have to see what is the effect of denuding powers under List 2 for you

Singhvi: it's not a case of denuding here

Justice Kaul: Police, law and order was kept out as thought by the parliament

Singhvi: Suppose we ask @secondatticus that If he was hoding a weapon and attacking someone the he can completely deny on hundred of things. Committee notes it down or will he be sent to the privilege jail? The he comes to court... But why now? What kind of ghosts are we creating

Singhvi: Delhi Assembly is not doing anything to Facebook compared to what Centre is doing with other platforms which is completely draconian in nature. This is a fanciful case here
@DrAMSinghvi
#SupremeCourt

Justice Maheshwari: Are you coorelating the work of the committee with any list entry

Singhvi: collecting information and working by the committee is coveted by entry 1, 2, 45 of list 3 and entry 39 of list 2 and many other ancillary entries. Subject is for good governance

Singhvi: Peace and Harmony cannot take a penal course of action like a chargesheet FIR etc. Question is absence of FIR etc and mere discussion of peace harmony democracy be injuncted at a summoning stage?

Hearing to resume at 2:15 pm
Bench rises
#SupremeCourt
@Facebook

Bench resumes hearing.

@DrAMSinghvi @secondatticus #SupremeCourt @raghav_chadha

Dr Singhvi: He cannot be prosecuted for what he tells me in the committee. The Constitution protects it. Speaker expunges any adverse comment
@DrAMSinghvi

Dr Singhvi: Facebook has wrongly projected that their rights will be jeopardized if they appear before the committee.
@Facebook

Dr Singhvi: it was a broad discussion on the topic of peace, harmony and democracy. That is the pith and substance of the issue.

Dr Singhvi: Judgments prove that committees cannot penalize but they have wide powers which is common for both state and Central assemblies.

Dr Singhvi: Assemblies pass resolutions which shows the common voice of the assembly. Similarly Parliament can pass a resolution condemning US attack on Iran for example. Only resolutions are passed nothing else

Dr Singhvi: By impeding the functioning of the committee you are impeding the house to pass a resolution which is the sense of the house. Excessive powers by SC are used very cautiously in cases like this.

.@DrAMSinghvi Delhi riots did not take place in Bangalore or Assam. It took place in Delhi and Delhi Assembly can't discuss it ? Peace and Harmony is not a matter of governance.
#SupremeCourt

Dr Singhvi: some of the parliamentary committee reports are models of coherence and are wealth of information. Assemblies look at improving governance but we cannot discuss peace and harmony. Report of the ad hoc committee will only help in a house resolution

Dr Singhvi: @Facebook is unnecessarily scared in advance. Not from me but that there will be proceedings against them. There is constitutional protection for them..
@secondatticus

Dr Singhvi: What is the use of power to be given without any power to enforce them? Its like you have a right without any remedy (continues reading Justice DY Chandrachud's judgment)
#SupremeCourt

Dr Singhvi: If you tomorrow take a look at Peace and Harmony Committee does it mean the committees finding is binding on you and a plea can be filed questioning why the report was not taken into account.. other extreme of privilege has been taken ignoring all of this

Senior Adv Singhvi: I understand if Centre stands up and says we are encroaching on their rights over atomic energy. But here Centre is defending Facebook and law officer is making oral statements in support of Facebook, not even an affidavit. @secondatticus @Facebook

Dr Singhvi: I as assembly discuss peace and harmony and then I discuss atomic energy. Will it be struck down saying we are discussing which is out of list or will law of privilege be used here?

Justice kaul: Salve argued that Delhi Assembly does not operate like other assemblies

Dr Singhvi: why have hours been spent on law of privileges?

Justice Kaul: the dual method of hearing has a longer life span. It eases access to justice. I was there in South & I know how difficult it is to spend on travel & appearing in distant courts. Success rate in admission stage is 20%. So in that stage it can be through virtual mode

Dr Singhvi: During study, a committee can choose to hear from witnesses. If witnesses don't appear then summons are issued. If not appearing even then, house is informed and house orders appearance. If even then it is refused, then they are guilty of contempt. @DrAMSinghvi

Dr Singhvi : @Facebook is trying to prove that there is some anarchy here and law of jungle where they will be finished in summons stage itself

Singhvi: The stand taken by @Facebook is opportunist and hypocritical. It states that they went to Parliament because the centre can affect them commercially. So there is no question of Jurisdiction and important point for this Court.

Justice Kaul: Notice issued by Delhi Peace and Harmony Committee stands withdrawn. Fresh notice has been served and issued. Challenge to the earlier notice stands substituted with the fresh notice in place. Hearing to resume on Tuesday, Feb 9.