Ajit Mohan & Ors vs Legislative Assembly National Capital Territory of Delhi & Ors

Bench: 3 — Sanjay Kishan Kaul

In Brief

The Delhi Assembly's Committee on Peace and Harmony summoned Facebook India and its Vice President to inquire into the platform's role in February 2020 communal riots. Facebook challenged the summons, arguing lack of legislative competence and violation of fundamental rights. The Supreme Court dismissed the petition but with key caveats: while the Assembly can summon non-members including corporations, it cannot inquire into law and order or police matters (excluded from its jurisdiction). Any witness may refuse questions on prohibited topics. The Court rejected Facebook's claim to exceptional status, noting intermediaries cannot sidestep accountability. However, concerning press conference statements by the Committee Chairman (suggesting Facebook was a 'co-accused') were beyond competence and should not recur.",

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Parliamentary Privileges Legislative Competence Federalism Fundamental Rights Free Speech Right to Privacy Judicial Review of Legislative Proceedings Intermediaries and Regulation Social Media and Communal Harmony Division of Powers

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