Thefiled by Facebook India Vice President and MD Ajit Mohan challenging the summons issued by the Delhi Assembly’s Peace and Harmony committee for failing to appear before it as a witness in connection with the north-east Delhi riots last year. A bench headed by Justice Sanjay Kishan Kaul termed Mohan’s plea as pre-mature, . Pronouncing the verdict, Justice Kaul said that the technological age had platforms that can sometimes be uncontrollable.
The bench, also comprising Justices Dinesh Maheshwari and Hrishikesh Roy, delivered its verdict on the plea filed by Mohan, Facebook India issue of law and order, which falls under the Union List in the Constitution., and Facebook, which contended that the committee lacked the power to summon or hold petitioners in breach of privileges for failing to appear before it and had exceeded its constitutional limits. The said the option of not answering before the committee cannot be disputed. The petitioner’s representative could deny answering the question if it falls within the prohibited domains. It said the Assembly does not have the power to legislate on the
It said the objective of peace and harmony goes beyond law and order and police. The bench said in the judgment it has divided the issues into three categories – privilege, free speech, and legislative competence. The petitioners had challengedSeptember 10 and 18 notices issued by the committee, which sought Mohan’s presence before the panel probing the Delhi riots in February and Facebook’s role in spreading alleged hate speeches. The Delhi Assembly said no coercive action had been taken against Mohan. Its committee only summoned him to appear as a witness in connection with the northeast Delhi riots.
In an affidavit, the Delhi Assembly had said that Mohan had not been issued any summons for breach of privilege. During the arguments before the apex court, Mohan’s counsel had said that the “right to silence” is a virtue in the present “noisy times,” The Assembly has no legislative power to of peace and harmony. Senior advocate Harish Salve, official, had said that setting up the peace panel was not the core function of the Delhi assembly as the law and order issue fell under the domain of the Centre in the national capital. Senior advocate A M Singhvi, representing the panel of the Assembly, had said that the Assembly has the power to summon.
However, Solicitor General Tushar Mehta had opposed the submission of the panel of the Assembly, saying that law and order squarely fell under the domain of Delhi Police, which is. Earlier in December , the Peace and Harmony committee had moved the top court seeking to intervene in the plea filed by Mohan and others. On October 15 , the Centre told the top court that the Peace and Harmony committee proceedings were “without jurisdiction” as the issue pertained to law and order. The apex court had order asking the Assembly’s panel not to take any coercive action against Mohan would continue till further orders.