Arguments on AAP-run Delhi assembly summoning Facebook today; Harish Salve for Ajit Mohan

Aam Aadmi Party (AAP) leader Raghav Chadha has said that the arguments in the Supreme Court between Facebook and Delhi Assembly's Committee on Peace and Harmony will begin from Thursday. The Arvind Kejriwal-led Delhi government had summoned Facebook for "intentional omission and deliberate inaction on the part of social media platform" with respect to hate speeches during Delhi riots in February last year. The tech giant had then challenged the summons issued by the Delhi government's committee in the Top Court and advocate Harish Salve is appearing for the company.

"Facebook's challenge to summons issued by Delhi Assembly's Committee on peace and harmony came up today before Hon'ble Supreme Court. Hon'ble SC was graciously pleased to allow the intervention of chairman of committee on peace and harmony. Arguments shall begin from tomorrow," Chadha, MLA from Delhi's Rajinder Nagar tweeted on Wednesday.

READ | Facebook Blocks Creation Of Events Near Capitol Hill, White House Ahead Of Jan 20

READ | Kerala Man's 'Secular Marriage Matrimony' Facebook Page; Sans Caste, Creed Criteria

On December 2, 2020, Supreme Court issued a notice to the Delhi Assembly's Peace and Harmony Committee as it wanted to become a party to the petition filed by Facebook India Vice President and Managing Director Ajit Mohan challenging the panel's summons. Facebook India Vice President and Managing Director Ajit Mohan had moved the top court challenging two summons issued by the Delhi Legislative Assembly Committee against him -- on September 10 and 18 -- on the grounds that the panel violated the fundamental rights of the petitioner under Article 19(1)(a) and Article 21, guaranteed under part III of the Indian Constitution.

Moreover, Centre had said in the previous hearing that the Delhi Assembly had no jurisdiction to summon Mohan. Solicitor General Tushar Mehta told a bench led by Justice Sanjay Kishan Kaul in a statement, “Public order and police are not in their domain. Hence, it is beyond their jurisdiction.” Appearing for Mohan and Facebook, Harish Salve told the top Court that the Delhi Assembly threatened him with “breach of privilege” if he did not appear before the committee and testify. He had said that Mohan can exercise his right of silence and cannot be forced. 

However, senior advocate Abhishek Manu Singhvi appearing for the Delhi Assembly, said that Mohan was called as an expert to put forth “constructive suggestions” in order to prevent such incidents in future and added that the committee’s role was to make “positive recommendations”. There was no coercive action intended against Mohan, added Singhvi.

READ | Parliamentary Standing Committee on IT summons Facebook & Twitter amid WhatsApp row

Ajit Mohan appears before IT panel

Ajit Mohan had appeared before a parliamentary panel called to discuss the alleged "misuse of social media platforms", against the backdrop of the larger row over the social-media platform's hate-speech policy. The Parliamentary Standing Committee on Information Technology was convened to hear Facebook's views on the subject of "safeguarding citizens' rights" along with "prevention of misuse of social/online news media platforms"; including special emphasis on women security in the digital space, as per the agenda of the meeting. It was headed by Congress leader Shashi Tharoor along with representatives of the Ministry of Electronics and Information Technology. 

READ | Facebook takes down pro-Trump posts like 'Stop the steal' ahead of Biden's inauguration