Facebook can't say no to summons of Delhi Assembly after appearing before Parliamentary panel: Official to SC

The Delhi Assembly Secretary told the Supreme Court that the Facebook official, having appeared before Parliamentary committee, cannot pick and choose and decline to depose as a witness before a panel on peace and harmony, examining the role of the social media giant in Delhi riots of February, 2020.

In a response to a writ petition filed by Facebook India's Vice President Ajit Mohan against the panel's summons, the official, Sadanand Saha said, "It is the inherent right of the Legislature to examine matters of public importance and for that purpose to require the presence of persons who are performing a duty of public importance or who has expertise in the matter, before the Committee."

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In an affidavit, the official said Delhi Assembly is a privileged body and its members enjoy the freedom of speech in the House as well as the freedom to vote, and its members did have all the powers and privileges, which are enjoyed by the Members of Parliament.

The reply said the committee on peace and harmony headed by MLA Raghav Chadha, was formed on March 2, 2020 following the Delhi Riots, as "serious questions have been raised on the role of Facebook as a platform to disseminate hate and divisiveness".

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The top court on September 23 issued notice to Delhi Assembly's Secretary on a petition by Mohan against summons by the committee. The petitioner led by senior advocate Harish Salve said the fundamental right to freedom of speech and expression included the right not to speak. He also pointed out that the public order and police were two subjects beyond the power and authority of Delhi Assembly.

The Delhi Assembly's Secretary, in response, termed the plea as "premature and misconceived". He also clarified that the scope of the committee’s work was purely recommendatory including making positive recommendations to ensure peace and harmony in Delhi in the future.

The Facebook official, as a witness, cannot claim his right to silence in response to the summons to depose before a lawful committee of an empowered legislature, he added.

"Such a right is not a fundamental except when the person is an accused under Article 20 of the Constitution as was the case in Selvi v. State of Karnataka, (2010), a distinct case involving rights of accused in narco analysis and other techniques," the reply said.

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Maintaining that the right to remain silent is relevant only in a criminal investigation, the affidavit said the Facebook official was not an accused.

It also pointed out the Facebook official has already deposed before the Parliament on some other issues and its representatives regularly deposed before legislatures across the world including in the USA.

It further maintained, "No coercive action has been taken against the official and none was intended if he merely attended and participated in the proceedings as a witness."

It claimed his claim for right to silence and violation of other fundamental rights was non-genuine and not in good faith.