On Wednesday, the Apex Court will hear Facebook India vice-president Ajit Mohan's plea challenging a Delhi assembly panel's summons to him to depose before it on the Delhi riots. Mohan said it appeared to be a pre-meditated exercise as the panel chief had already made up mind about FB's complicity in the Delhi riots.
VC's plea, which is listed for hearing before a 3-Judge bench headed by Justice Sanjay Kishan Kaul on Wednesday, said, "There is no law that empowers a state legislature, including a committee formed by that legislature, to take coercive action against any person unless the person obstructs or impedes its legislative functions. The rights & liberties of persons are protected by fundamental rights guaranteed under Articles 14, 19 & 21 of the Constitution, & coercive action cannot be taken against any citizen unless that action has been authorised by law."
On Aug 31, the petitioner said, even before issuance of the summons to him, committee chairman Raghav Chadha held a press conference announcing that “Facebook should be treated as a co-accused” in the Delhi riots & that there was a “premeditated conspiracy between Facebook, rioters & anti-social elements”.
Shortly thereafter, the committee issued the first summons, which ordered the petitioner to appear on Sept 15 as a witness & render assistance to the committee for a “determination of the veracity of allegations levelled against Facebook in the complaints & depositions made before the committee”.
The petitioner, in communication on Sept 13, questioned the panel's authority to summon him as the issue was squarely within the domain of the Central Govt. On Sept 18, the committee issued fresh summons, directing the petitioner to appear before the committee on Sept 23. The second summons stated that non-compliance “will be treated as breach of privilege of the committee & necessary action, as deemed fit, shall be taken against you", the petitioner said.
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