SC notice to Delhi Assembly's Secy on plea against summons to Facebook VP Ajit Mohan

The Supreme Court on Wednesday issued notice to the Delhi Assembly Secretary on a plea by Facebook India against summons issued to its Vice President Ajit Mohan for alleged complicity of the social media giant into Delhi riots in February this year.

Senior advocate A M Singhvi, appearing for Delhi Assembly's Peace and Harmony Committee, submitted before a bench presided over by Justice Sanjay Kishan Kaul that no coercive action would be taken till the court decides the matter.

He told the bench, also comprising Justices Aniruddha Bose and Krishna Murari, that the notice was issued to the Facebook official as a witness and not as an accused.

Appearing for the petitioner, senior advocate Harish Salve said that there was a serious threat for breach of privilege. He said the right of petitioner under Article 19 and 21 of the Constitution would be violated if he is forced to speak. The fundamental right to freedom of speech and expression included the right not to speak, he said.

He also pointed out that the public order and police were two subjects beyond the power and authority of Delhi Assembly.

After noting the stand taken by Singhvi, the court asked him to clarify the position by filing an affidavit within a week on the petition jointly filed by Facebook Inc and Mohan. It posted the matter for consideration on October 15.

Senior advocate Mukul Rohatgi, also appearing for the petitioner, submitted that in a press conference on August 31, (by Committee chairman Raghav Chadha), it was alleged that incriminating materials were not taken down by the Facebook. If some materials were posted in violation of law, the matter could have been taken to court, he said.

The Facebook official has been issued summons on September 18 by the panel for appearance on Wednesday. He was warned of breach of privilege, in case he failed to present himself before the committee. He was earlier issued summons on September 10.

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