The Supreme Court on Thursday refused to remain the summons to Facebook India Managing Director Ajit Mohan by a Delhi Assembly panel within the Delhi riots case.
A bench of Justice SK Kaul, Justice Dinesh Maheshwari and Justice Hrishikesh Roy termed the problem by the Facebook chief as “premature” and mentioned that ought to he seem earlier than the Peace and Harmony Committee, any consultant of the petitioner could select to not reply the questions. . exterior the jurisdiction of the Legislative Assembly.
The bench mentioned that the committee, nonetheless, “cannot play the role of a prosecuting agency.” It emphasised transparency of proceedings, and mentioned that the Peace and Harmony Committee would don’t have any jurisdiction over a number of points, together with the regulation and order of Delhi, which comes underneath the central authorities.
“Due to the nature of the riots, the Assembly can look into the issue without entering into any area of the Union under the 7th Schedule,” the court docket mentioned.
The bench additionally took exception to sure statements made by the committee in its press convention in opposition to Facebook. “The statements made by the committee about making Facebook a co-accused in the chargesheet are beyond the purview of the committee,” it mentioned.
Mohan had approached the apex court docket difficult the September 10 and 18 notices issued by the Peace and Harmony Committee of the Delhi Assembly, in search of his presence earlier than the panel. Last 12 months, senior advocate Harish Salve, showing for Mohan, had mentioned that The committee can not compel him to seem. “If I do not appear, I cannot be compelled to face punishment for it,” he mentioned, including, “Right to talk underneath Article 19(1)(a) of Not included”. Salve mentioned that forcing Mohan to seem earlier than the House panel with the specter of punishment violated his basic proper to freedom of expression.
Live Law, with enter from businesses
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With inputs from TheIndianEXPRESS
