No coercive action against Facebook India V-P till October 15 over Delhi Assembly panel summons, says SC

NEW DELHI:  The Supreme Court on Wednesday directed the Delhi Assembly’s Peace and Harmony Committee not to take any coercive action against Facebook India Vice-President Ajit Mohan in connection with the summons with regard to Delhi riots.

A bench of Justices Sanjay Kishan Kaul, Aniruddha Bose and Krishna Murari issued a notice to the panel to file a detailed reply to the petitions filed by Facebook and Mohan challenging the summons and adjourned the hearing to October 15. 

During the hearing, senior advocate Abhishek Manu Singhvi told the bench that Mohan was not summoned as an accused but as a witness and that no coercive action was intended against Facebook. “During previous hearings, it came to light that Facebook was misused (in connection with communal riots). So, we want to get suggestions from them and devise a mechanism so that Facebook is not misused,” Singhvi argued. 

However, Justice Kaul, who is heading the three-judge bench, said that the notice issued to Mohan did not give such an impression. “That is not what you have said in the notice. Then you may recall the notice,” he observed. Singhvi offered to will file a counter affidavit clarifying the stand of the Delhi Assembly.

During the hearing, senior advocate Harish Salve, appearing for Mohan, said that right to free speech under Article 19(1)(a) includes right not to speak. Salve also told the court that if his client doesn’t appear, he can’t be compelled to face penalty.

Salve read out the committee’s notice to Mohan, which states that failure to appear will amount to breach of privilege. “Privilege is something to be decided by the Assembly. A committee cannot decide whether action on privilege can be taken or not. This is a serious threat,” he said. Senior advocate Mukul Rohatgi, who argued on behalf of FB, said the panel cannot compel someone to appear for seeking an opinion. A non-appearance, he argued, can’t be a breach of privilege.