SC orders status quo in Facebook officials summoning by Delhi Assembly, hearing deferred

In the matter pertaining to Facebook officials being summoned by Delhi Assembly's Peace and Harmony committee, the Supreme Court on Thursday extended the interim order and ordered status quo till further hearing on December 2. According to ANI, the apex court will then decide the matter as to if the Delhi Assembly can constitute a fact-finding committee in cases of law and order.

A bench of the Apex Court, headed by Justice Sanjay Kishan Kaul, and also comprising Justices Aniruddha Bose and Krishna Murari, said, "We ordered status quo in the case and our earlier order will continue till the next date of hearing, December 2."

'Public order & domain not within domain'

Meanwhile, the Centre on Thursday told the Supreme Court that proceedings of the Delhi Assembly's Peace and Harmony committee, which has summoned Facebook India VP and MD Ajit Mohan to appear as a witness in connection with the north-east Delhi riots, is without jurisdiction as the issue pertained to law and order.

Solicitor General Tushar Mehta submitted before a bench of Justices S K Kaul and Dinesh Maheshwari that "public order and police are not within the domain of the Delhi Legislative Assembly and therefore this proceeding is without jurisdiction. The plea filed by Mohan, Facebook India Online Services Pvt. Ltd and Facebook Inc have contended that the committee lacks the power to summon or hold petitioners in breach of its privileges for failing to appear and it was exceeding its constitutional limits.

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They have challenged the September 10 and 18 notices issued by the committee that sought Mohan's presence before the panel which is probing the Delhi riots in February and FB's role in the spread of alleged hate speeches.  The Delhi assembly has recently told the top court that no coercive action has been taken against Mohan and he was only summoned by its Peace and Harmony committee to appear as a witness in connection with north-east Delhi riots.

The affidavit recently filed by the Delhi Assembly said that the Peace and Harmony committee of the assembly had received multiple complaints/representations addressed to its chairman Raghav Chadha, underscoring the alleged instances of inaction/inability on the part of social media platform-Facebook to enforce its policies against inflammatory and hateful contents.

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(With agency inputs)