Thread by @barandbench

#SupremeCourt to deliver judgment at 2 PM on a plea moved by @Facebook India's head Ajit Mohan challenging the notice issued by the Delhi Assembly's Peace and Harmony Committee in relation to its inquiry into the 2020 Delhi Riots
@secondatticus #DelhiRiots #DelhiAssembly

Senior Advocate Harish Salve had asserted on behalf of Mohan that Facebook India cannot be compelled to speak before the Peace and Harmony Committee and that the top Court should uphold the right to silence
#SupremeCourt #facebook #Delhiriots

The judgment will be delivered by a bench of Justices Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy
#SupremeCourt

[Facebook India Head vs Delhi Legislative Assembly]

Pronouncement of judgment to begin at 2 pm

#SupremeCourt @secondatticus @raghav_chadha #DelhiAssembly @Facebook #DelhiRiots

Bench assembles

#SupremeCourt @secondatticus @Facebook #DelhiRiots

Justice SK Kaul: technological age has created digital platforms which can be uncontrolled at times. One such creation is of intermediaries which states that they have no control over the content posts. By the reas

Justice SK Kaul:on of the content it has wide ranging influence. Facebook is one such corp

#SupremeCourt @secondatticus @Facebook #DelhiRiots

Justice Kaul: less informed individuals may not verify information from leaders and take it as gospel truth.

Justice Kaul: we have divided submissions under privilege, free speech and legislative competence. We have noted the developments which took place world wide

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@secondatticus
@Facebook
#DelhiRiots

Justice Kaul: regarding privilege, it is a serious issue, we did not exercise powers under 142 as we were asked to.

#SupremeCourt
@secondatticus
@Facebook
#DelhiRiots

Justice Kaul: We recognised the importance of the...

(audio disrupted)

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@secondatticus
@Facebook
#DelhiRiots

Justice Kaul: we have taken note of legislative function which is only one of the function. Investigative of a social complicated problem is too under its domain (audio disrupted again)... Justice Kaul on mute

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@secondatticus
@Facebook
#DelhiRiots

SC: Delhi assembly is not different than any other assembly except certain subjects as under list 2 of 7th schedule.

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@secondatticus
@Facebook
#DelhiRiots

SC: We have found that legislative functions is just one of the functions that is there. We have talked about the power of the Committee to look into such social problems. We are not impressed by the argument that the GNCTD act be read in isolation.

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@secondatticus

SC: We agree with Dr Singhvi's contention that no coercive action has been taken against Mr Mohan.

SC: The plea of the petitioner is premature as nothing has happened before the committee

#supremecourt @secondatticus

SC: On legislative competence, because of pervasive impact of rights, the committee has right to seek information on any matter related to peace and harmony without encroaching in any subject of 7th schedule

SC: Emphasis is also laid on transparency of proceedings. We would not like to say anything more on this subject as it is in reference before.

SC: The statements made in the press conference cannot be brushed aside. It was said Facebook with vested interest in Delhi riots.... these statements should not have been made and can give rise to apprehension in mind of petitioner

#supremecourt

SC: The statements made in the press conference by respondents were hardly conducive to the proceedings before the committee.

SC: We have analysed the press conference in detail. We are of the view that committee cannot don the role of a prosecuting agency and direct filing of supplementary chargesheet. the committee has to keep this in mind so that another litigation does not begin

SC: Members and non members can be asked to appear before the committee. The statements of the chairperson has led to apprehension in mind of @secondatticus

SC: Assembly admittedly does not have the power to legislate under the issues which fall under the domain of union govt. However objective of peace and harmony go beyond law and order and police.

SC: Any representative of the petitioner can deny answering any question by the committee if its falls within the prohibited domains.
#supremecourt

SC: We have written a postscript on the manner in which the proceedings were held in wake of the COVID times and how there was time period of 4 months between reserving the order and delivery of judgment

@secondatticus #SupremeCourt

SC: Often judgments are cited from the privy council and earlier years. in a technological age like ours a junior is only required to collate all judgments in a nice spiral binding. if a question of law arises, the judgments should only be related to that.

SC: multiple judgments on one point of law is not needed. Judgments are becoming more complex and verbose due to the amount of judgments which are being cited. This is all the more reasons for better time management.

SC: We do not doubt that lawyers think on their feet, but they need to think before they get on their feet

#supremecourt

[BREAKING] Delhi Assembly can examine Delhi Riots but cannot don role of prosecuting agency: Supreme Court refuses to quash notices by Delhi Assembly to @FacebookIndia Head Ajit Mohan

report by @DebayonRoy

#Facebook

@CMODelhi @secondatticus

Read more: bityl.co/7jdh