The Delhi Assembly told the Supreme Court that senior Facebook official Ajit Mohan was summoned to ascertain whether the social media platform, in any way, “contributed” to the situation which culminated in the February communal riots.
Further, the Assembly’s Committee on Peace and Harmony wanted to pick brains on how social media can be used to “strengthen the unity among the citizens of Delhi in the future”.
“It is the inherent right of the Legislature to examine matters of public importance... This is a matter of great public importance going to the very foundation of the day-to-day functioning of the NCT of Delhi,” the Assembly, represented by advocate Shadan Farasat, explained.
Live broadcast
Its affidavit submitted on October 5 said the Committee had summoned Mr. Mohan as a witness. There was no coercive action against him. The committee proceedings are conducted in the “most transparent manner with live broadcast”.
“A witness cannot claim his right to silence or to be let alone in response to the summons to depose before a lawful Committee of an empowered legislature,” the affidavit contended.
The Assembly said Mr. Mohan had attended the proceedings of the Parliamentary Standing Committee on September 2, 2020.
“The plea of the petitioners claiming right to silence and violation of other fundamental rights in the present petition is therefore, non-genuine and not in good faith, having appeared before another Legislature knowing fully well that he does not have a right to silence before a committee of a legislature,” the affidavit said.
It said the right to remain silent was relevant only in a criminal investigation.
“The proceedings before a committee of the Legislature are not criminal or judicial proceedings. There is no accused before a committee,” the affidavit said.
The affidavit said it is a matter of “common knowledge through news reports available in the public domain that even internationally, serious questions have been raised on the role of Facebook platform as a mechanism to disseminate hate and divisiveness that have destroyed and damaged entire communities such as in Myanmar and Sri Lanka”.
“Committee on Peace and Harmony 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. It was alleged in the complaints/representations that even in respect of Delhi riots in February 2020 a lackadaisical approach of Facebook was visible,” the affidavit said.
The affidavit came in a petition filed jointly by Mr. Mohan and Facebook against the summons issued by the Committee. It said the Assembly had threatened Mr. Mohan with breach of privilege if he did not comply. Mr. Mohan was summoned to appear before the Committee on September 23. The meeting was deferred when the case reached the apex court.
The court had asked the Assembly to not proceed further with the Facebook official. The next court hearing is on October 15.
