Delhi government cannot take any action against Facebook VP Ajit Mohan or schedule any meeting till October 15 at least until the next hearing is going to take place. Also, a three-judge bench consisting of Justices SK Kaul, Aniruddha Bose, and Krishna Murari has explained any counter-affidavit that needs to be filed should be filed within a week.
While the Delhi government has said they only want to prevent the misuse, not the accuse. Advocate Harish Salve representing Ajit Mohan’s side had argued that the right to free speech under the article-19 also includes the right not to speak. He further said that the summons by the committee is unclear he doesn’t understand whether summons wants him as a witness or expert.
Representing facebook side was senior advocate Mukul Rohatgi according to him Mohan was not summoned because he had made any comment but because he is an employee of Facebook.
Therefore if he doesn’t appear before the court it would be a breach of privilege though there should be no penalty. Doctor Abhishek Manu Singhvi on behalf of the Peace and harmony’ committee argued that Mohan was called for witness without any threat of coercive action. He meant that Facebook was only called because what safeguard issue can be put to avoid any misuse, not the accused. To that justice, Kaul said this is not what you have said. Singhvi conceded to rectify the issue in the notice but maintain that the Delhi government still holds the power to conduct an inquiry.
Mohan petition asserts that while he is appearing in front of the Parliamentary Panel on Information Technology headed by Congress Member Of Parliament (MP) Shashi Tharoor the committee cannot compel him to appear before the panel.
In his petition, he questioned Aam Adami Party was declaring facebook a guilty prima facie based on the first impression. According to him, the Aam Adami Party cannot issue such a statement against any such organization.
