Delhi riots: Facebook India's VP Ajit Mohan moves Supreme Court against Delhi Assembly's summons

Facebook India's Vice President Ajit Mohan has moved the Supreme Court against summons issued by the Delhi Assembly's committee in proceedings related to the alleged complicity of the social media giant in riots that struck northeast Delhi in February this year.

A bench of Justices Sanjay Kishan Kaul, Aniruddha Bose, and Krishna Murari would take up the petition jointly filed with Facebook Inc, for consideration on Wednesday.

Mohan has been issued a summons on September 18 by the Delhi Assembly's panel headed by Raghav Chadha for an appearance on Wednesday failing which he would proceed for breach of privilege of the committee. He was earlier issued a summons on September 10.

The action has apparently come after the Wall Street Journal on August 14 published an article titled “Facebook’s hate-speech rules collide with Indian Politics”.

In a writ petition, he contended that the summons should be set aside as the committee sought to compel witnesses to testify on matters, of “public order” and “police” and “communication”, which fell within the exclusive jurisdiction of the Union government.

The plea said on September 2, Facebook appeared before the Parliamentary Standing Committee on Information Technology and offered its testimony on the subject of “Safeguarding citizens’ rights and prevention of misuse of social/online news media platforms including special emphasis on women security in the digital space”.

The plea stated, "Summons by the Delhi Assembly's Committee are unconstitutional as they seek to compel non-members to testify on matters related to, the alleged “disruption of peace and harmony across the NCT of Delhi”, which is a matter reserved exclusively for the Union government as per Article 239AA(3)(a) of the Constitution".

The petitioner further said he was not even being accorded the constitutional right to be silent and was instead being compelled to speak against himself in response to the committee’s assertions that Facebook was complicit in the Delhi riots.

"This is impermissible under the law and constitutes a gross violation of due process and fundamental rights under Article 19(1)(a) and Article 21 of the Constitution," he said.

Among other grounds, the plea said targeting a platform used for communication, created a chilling effect on even lawful speech, in violation of the fundamental right to freedom of speech and expression.

The petition also raised critical questions of constitutional importance relating to the interplay between the right to freedom of speech and expression and powers, privileges, and immunities of members of a Legislature, which have already been referred to a seven-judge Bench in N. Ravi and Others vs Speaker, Legislative Assembly, Chennai (2005).

Even before the summons, the plea pointed out the panel's Chairman held a press conference on August 31 announcing that “Facebook should be treated as a co-accused” in the Delhi riots and that there was a “premeditated conspiracy between Facebook, rioters and anti-social elements”.