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No coercive action against Facebook VP, says SC

Asserting that non-appearance of Facebook VP Ajit Mohan in the court in connection with the Delhi riots hate speech case does not attract any penalty. The top court also ordered a Delhi Legislative Assembly panel not to take coercive action against Mohan till October 15.

Delhi riots: No coercive action against Facebook VP till Oct 15 over assembly panel summons, says SC
Delhi riots: No coercive action against Facebook VP till Oct 15 over assembly panel summons, says SC

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Published : Sep 23, 2020, 4:52 PM IST

New Delhi:The Supreme Court on Wednesday issued a notice on a petition filed by Facebook's VP, Ajit Mohan, who had challenged the summons issued to him by the "Peace and Harmony committee" of the Delhi assembly regarding Delhi riots. The apex body directed a Delhi Legislative Assembly panel not to take coercive action against Mohan till October 15.

The panel is probing the social media firm's role in the spread of alleged hate speech.

The bench comprising of Justice Sanjay Kishan Kaul, Aniruddha Bose and Krishna Murari heard the matter wherein Mohan contended that privilege of the committee doesn't extend to this kind of enquiry and he cannot be punished by being asked to appear.

The apex court's order came on the plea by Mohan and others challenging the September 10 and September 18 notices issued by Delhi Assembly's peace and harmony committee that sought his presence before the panel which is probing the Delhi riots in February and FB's role in spread of hate speech.

Mohan had also written a letter to them asking for the withdrawal of summons but it was not granted. Mohan added that he works for a US-based company and do not want to comment on this politically sensitive issue.

READ: Delhi panel summons Facebook official over hate content

Senior Advocate Harish Salve appearing for Facebook's VP submitted before the court that Mohan has right to free speech and that also includes right to not speak and therefore he can not be compelled to participate in the matter.

Facebook also argued before the court that Ajit Mohan's non-appearance can not invite any penalty and is no breach of privilege.

Delhi assembly also asserted before the court that Ajit Mohan is not called for any coercive action but only as a witness and assembly want Facebook to have some safeguard measures so that it is not misused. The court did not agree with Assembly and said that better notices should be issued as the present ones do not have the submissions which they made before the court.

Senior Advocate AM Singhvi appearing for the assembly assured the court that new notices correcting the errors will be sent to the petitioner. The matter will again be heard on 15th October.

With PTI inputs

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