[Facebook India VP’s Challenge against Delhi Assembly Summons]

Supreme Court bench headed by Justice S.K. Kaul will shortly hear Facebook India Vice President, Ajit Mohan’s plea challenging the summons issued to him by Delhi Assembly’s Committee on Peace and Harmony.
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Details of the previous hearing can be read here:

House Privileges Not Applicable To Activities Other Than Legislative Functions : Salve Submits For Facebook VP

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Harish Salve to conclude his submissions today on behalf of Mr. Ajit Mohan.

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Hearing commences.

Harish Salve appears on the screen.

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Salve: I was concluding my submissions on cooperative and collaborative federalism. When your lordship rose the other day, I was citing the Pondicherry case (2018).

Salve now referring to para 55 of the judgment.

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Salve: This is not some looming principles by way of which you will start expanding your powers under the Constitution.

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Salve now submitting on the aspect of compelled speech as being violative of Art. 19(1)(a) of the Constitution.

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Salve: The privileges here coming are by way of Parliamentary statute and statutes are subject to Art. 19. There is no derivative immunity in any case.

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Salve now citing the judgment of Excel Wear v. UOI 1979 AIR 25.

He reads “Perhaps under no circumstances, a person can be compelled to speak, to form an association or to acquire or hold a property.”

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Salve now citing KS Puttuswamy judgment.

He reads “Privacy of the individual is an essential aspect of dignity. As an intrinsic value, human dignity is an entitlement or a constitutionally protected interest in itself.”

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Salve continues reading “The destruction by the state of a sanctified personal space whether of the body or of the mind is violative of the guarantee against arbitrary state action.”

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“An individual may perceive that the best form of expression is to remain silent. Silence postulates a realm of privacy.” Salve reads the judgment.

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Salve: It expressly recognizes the right to remain silence. Please consider the judgment in the light of the facts of this case.

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Salve: I can understand if a notice is given to @Facebook. These are sensitive areas of riots. In a democracy there are different point of views of different people.

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Salve: But should I be compelled to speak on a public forum about this? If notice is sent to Facebook, they will send anyone who they wish to.

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Salve now reading the notice sent by the Committee. He reads the notice “His special views and his special knowledge.”

Salve: The committee wants to get his personal views. The word “you” signifies it.

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Salve: Experts who appear before a committee never take oath. Oath is when you are deposing on facts.

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Salve now submitting on the legislative realm of Parliamentary privilege.

"Right from Bharat Singh and Bennet Coleman, your lordships have held that if you want to compel me speak, there has to be a legislation for it." Salve submits.

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Salve: If you have to ask me is the law of parliamentary privileges good enough, I say no.

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Salve referring to the recent judgment on the subject in the case of Manish Kumar v. UOI (2021) authored by J. KM Joseph.

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Salve reads “State action must be fair and not arbitrary if it is to be pass muster in a court of law.“

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Salve relying on the test of Manifest Arbitration devised in the case of Shayara Bano v. UOI.

“When something is done which is excessive and disproportionate, such legislation would be manifestly arbitrary.” Salve reads.

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Salve: The wheel has now turned circle and due process is here to stay. If the cover of fundamental rights are available and if there are cases where they say that you have to be compelled to say, there has to be principles and legislations for it.

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Salve now referring to Scottish Act of 1998 defining Parliamentary Privileges of the Scottish Parliament.

“This is a law which is very carefully crafted.” Salve submits.

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J. Roy: Para 9 which talks about that he is not obliged to answer, but does it apply to those cases also which relates to the Parliament?

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Salve: Yes your lordships. If the matter is pending in Parliament and where the court has not compelled the member of Scottish Parliament, he cannot be compelled to speak.

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Salve: Private people are not meant to be summoned to give evidence.

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Salve requests to conclude his submissions within 15 minutes post lunch break.

J. Kaul: Regular board is discharged for the day.

Bench has risen for lunch break.

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