A three-judge bench of the apex court, headed by Justice Sanjay Kishan Kaul, issued notice to the respondents asking them to file their counter affidavit within one week and slated the matter for further hearing on October 15.
The Supreme Court on Wednesday issued notices on the pleas filed by Facebook, its India Vice President and Managing Director Ajit Mohan and others against the notice issued by the Delhi Legislative Assembly for deposing before it.
A three-judge bench of the apex court, headed by Justice Sanjay Kishan Kaul, issued notice to the respondents asking them to file their counter affidavit within one week and slated the matter for further hearing on October 15.
The bench, which also comprised Justice Aniruddha Bose and Justice Krishna Murari recorded that the Committee will not hold a meeting until further orders and directed not to take any coercive step against Facebook and Ajit Mohan till October 15.
It is a serious threat. We have three important points to make. I have the right under Article 19 of the Constitution and in that also, I have the right not to speak. I am an outsider and I am not interfering with your style of work and committee," Senior lawyer Harish Salve, appearing for Facebook said.
"Not interfering with legislative duties. This issue is of political overtones. This is a brazen violation of my fundamental rights. I (his client) am not a public servant, whose statement is required and I am an American company," he added.
Salve sought directions that no coercive actions are taken against the company and others.
Senior advocate Dr Abhishek Manu Singhvi, appearing for Delhi Assembly`s Peace and Harmony Committee, said that there are no coercive step intended by the Delhi Assembly against Facebook.
"Facebook is not summoned as an accused. Facebook is not an accused but it has been misused. How can the misuse of Facebook be minimised," Singhvi said adding that the Committee needed suggestions on how to stop the misuse of the social media platform.The petitioners had moved the apex court challenging the two summons issued by the respondent
Facebook India on Tuesday skipped the hearing of a Delhi Assembly committee, reasoning that their representatives had already appeared before a parliamentary panel. In response, the Delhi Assembly hit back by saying that a "final warning" would be delivered to the social networking giant over their no-show.
On Tuesday, the hearing of the Delhi Assembly's "Peace and Harmony" committee was already underway when a written response from Facebook India arrived. The response conveyed the social networking giant's reasoning for not showing up at the hearing, providing that Facebook India executives had already deposed before the committee of MPs at the parliamentary panel earlier this month.
Facebook India also asked the Delhi Assembly committee to withdraw the summons because the parliamentary panel was already looking into the matter.
Not too happy about this, Aam Aadmi Party (AAP) MLA Raghav Chaddha, who heads the Delhi Assembly committee, said that fresh summons would be issued and if Facebook India still did not comply they "should be forced to appear through coercive actions".
The Delhi Legislative Assembly`s Peace and Harmony Committee had summoned Facebook India Deputy Chairman and Managing Director Ajit Mohan over complaints alleging willful inaction in enforcing rules to curb hate speech. According to the committee, this allegedly disturbed the peace in Delhi.
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