scorecardresearch
Thursday, March 28, 2024
Support Our Journalism
HomeJudiciaryWon't quash summons to Facebook in riots case, but Delhi panel can't...

Won’t quash summons to Facebook in riots case, but Delhi panel can’t probe law & order issue: SC

The Supreme Court bench says Peace and Harmony Committee cannot 'don the role of a prosecuting agency' and delve into law & order issue as the 2 are prohibited domains.

Follow Us :
Text Size:

New Delhi: The Supreme Court Thursday refused to quash summons issued to Facebook India’s Managing Director Ajit Mohan by the Peace and Harmony Committee, a Delhi Assembly panel constituted to probe the northeast Delhi riots that took place in February 2020.

A bench led by Justice Sanjay Kishan Kaul, however, clarified that the enquiry cannot delve into the “law and order” issue as the two are prohibited domains for the panel.

It ordered that the panel cannot “don the role of a prosecuting agency and file supplementary chargesheet as it may trigger other litigation”.

The order came on a plea filed by Facebook, challenging the summons issued by the Delhi Assembly committee on 10 and 12 September 2020. The plea was filed by Mohan, Facebook India Online Services Pvt Ltd and Facebook Inc.

Mohan had been summoned as a witness before the panel, which was probing Facebook’s role in the spread of the alleged hate speeches that triggered the riots.

The bench had reserved its verdict on 24 February.


Also read: Delhi HC bail order to riots accused not based on evidence, but social media: Police file appeal


‘Committee has right to seek information’: SC

The SC bench noted that Mohan’s request to quash the summons was “premature” and “pre-emptive”, as he was just being asked to appear before the panel.

Furthermore, Mohan’s argument that Delhi Assembly did not have legislative competence to enquire into the matter stood rejected.

“The committee has the right to seek information on any matter related to peace and harmony without encroaching on any subject under the seventh schedule (allocation of powers and functions between Union and states),” the court said.

Larger concepts of “peace and harmony” go beyond the concept of law and order, the court noted.

But, it added, the representative of the petitioner can deny responding to any question by the committee if it falls within the prohibited jurisdictions.

Delhi Assembly’s privilege power included its power to compel the appearance of non-members, the court ruled.

At the same time, the bench also expressed displeasure at the committee for holding a press conference against Facebook and reiterated it cannot substitute the prosecutor.

During the arguments in the matter, Mohan’s counsel, senior advocate Harish Salve, had asserted his “right to silence,” saying it’s a virtue in the present “noisy time”.

Salve pointed out that setting up the peace panel was not the core function of the Delhi Assembly as the central government had jurisdiction over law and order in the national capital.

Meanwhile, senior advocate A.M. Singhvi, appearing for the panel, clarified that the summons were not issued to Mohan for breach of privilege, but called upon him to appear as a witness.

No coercive action was also proposed against him, Singhvi noted.


Also read: Delhi Police ‘reluctance’ to share info hampered relief work for riot-hit: Minorities panel


 

Subscribe to our channels on YouTube, Telegram & WhatsApp

Support Our Journalism

India needs fair, non-hyphenated and questioning journalism, packed with on-ground reporting. ThePrint – with exceptional reporters, columnists and editors – is doing just that.

Sustaining this needs support from wonderful readers like you.

Whether you live in India or overseas, you can take a paid subscription by clicking here.

Support Our Journalism

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Most Popular