New Delhi: The Supreme Court on Thursday ruled that Facebook can be summoned by the Peace and Harmony Committee of the Delhi Assembly in connection with its alleged role in the 2020 northeast Delhi riots, but the social media platform can choose not to answer on issues of law and order, communication or any other subject under the Central government's jurisdiction.
The bench comprising of Justice Sanjay Kishan Kaul, Justice Dinesh Maheshwari and Justice Hrishikesh Roy pronounced the verdict on Facebook's vice president Ajit Mohan's petition challenging the summons issued by Delhi Assembly's Peace and Harmony committee concerning the Delhi riots. During the hearing, Mohan had submitted before the top court that he could not be forced to appear while the Delhi Assembly had argued that it has not called for coercive action but just summoned for information relating to the case.
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The court agreed with Delhi Assembly's contention and observed in the order that the petition by Mohan was premature as nothing has happened. The court added that the committee had the power to seek information on any matter without encroaching on any subject in the Seventh Schedule. However, the statements made in the press conference regarding Facebook's vested interest in the Delhi riots were condemned by the court. It said that they should not have been made as it could give rise to apprehension in the mind of the petitioner.
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"We have analysed the press conference in detail. We are of the view that the committee cannot don the role of prosecuting agency and direct filing of the supplementary charge sheet. The committee has to keep in mind so that another litigation does not begin," observed the court.
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In the verdict, the court also expressed its concern over social media that can be "uncontrolled" sometimes and can potentially polarise people. It said that less informed people might not verify the information and take it as gospel truth.
