Delhi Legislative Assembly to SC: Facebook Chief cannot claim for “Right to silence"
7th October 2020
The Delhi Legislative assembly has informed the SC that Facebook's India Chief, Ajith Mohan, has merely been summoned by “peace and Harmony Company” as Mr. Mohan an accused cannot remain silent. The Delhi legislative assembly asserted that “ a witness cannot claim his right to silence or to be let alone in response to summons to depose before a lawful committee of an empowered legislature, and such a right is not a fundamental expectation when a person is an accused under article 20 of the Constitution”. It further pointed out that Mr. Mohan had already deposed before the parliament on some other issues and employees/ representatives of Facebook regularly deposed before legislature across the world and thus the issue raised by him that non-member cannot be mandated to appear before committees of legislature is not genuine or bona fide. It is further contended that a mere issue of summons does not in any manner violate the fundamental rights of the petitioner under Article 14 or 21 and writ petition under Article 32 is not maintainable.