Ajit Mohan, the Vice President of Facebook India moved the Supreme Court against the notice issued by the Delhi Legislative Assembly’s Committee of Peace and Harmony. Mohan’s petition states that the Committee cannot summon him as the same issue is being considered by a Parliamentary panel as well.

The petition is likely to be heard by a bench comprising Justices SK Kaul, Aniruddha Bose and Krishna Murari on September 23.

In March, the Delhi Legislative Assembly formed the Committee of Peace and Harmony comprising 9 members in response to the riots that took place in north east Delhi in February. The Committee has been examining the role of Facebook in helping the instigation of the riots and has issued summons to the company twice.

On September 14, the Committee received a letter from Facebook India stating that it would not be answering the summons because it considered the subject matter to be “within the exclusive domain of the Union of India.” 

According to Chairperson Raghav Chadha, the letter was in contempt of the Delhi Legislative Assembly as well as of the people of Delhi. He noted that many witnesses on previous proceedings had talked about Facebook’s selective action in the implementation of its community standards. Many experts have talked about Facebook’s role in the Delhi riots. Accordingly, the Committee had planned to talk to Facebook India’s Vice-President and Managing Director Ajit Mohan during the September 15 hearing.

Chadha wondered, “what kind of protection Facebook gets in the Centre’s proceedings that it prefers to be summoned by them and not by us”. Chadha also expressed surprise that Facebook had refused to attend a Committee proceeding that was completely livestreamed on social media and therefore allowed complete transparency.

The petitioner states, “when an enquiry into a subject matter over which the Legislature lacks jurisdiction extends beyond its members – whether by summoning non-members at the threat of sanctions for refusing to appear, or by directing agencies to take actions against those non-members – the matter is amenable to judicial review. Petitioners submit that those precise circumstances are present here and require this Hon’ble Court’s intervention”, as reported by LiveLaw.

The petition further states that the Committee has threatened to hold him in breach of the Committee’s privileges if he does not appear and give testimony when there is no law that empowers a State Legislature, including a committee formed by that Legislature, to take coercive action against any person unless it obstructs or impedes its legislative functions.

The petition also states the Union has exclusive jurisdiction in this matter as intermediaries like itself fall under the subject “Communication” which is a part of the Union List as per the Seventh Schedule of the Constitution.

The petitioner formulates the following questions for consideration of the Court:-

1) Whether the privileges of Respondent No. 1, the Legislative Assembly of the NCT of Delhi, include the power to compel the appearance of non-members before Respondent No. 1 to express their views or subject them to examination?

2) Whether the constitutional right to free speech and expression includes the right to silence, and whether compelling a person to speak violates the right to free speech and the right to privacy, which this Hon’ble Court recognized as a fundamental right in K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1?

3) If the answer to question two is in the affirmative, whether the privileges of a State Legislature can be applied in a manner that would violate Part III of the Constitution?

4) Whether a Committee of the Legislative Assembly of the NCT of Delhi can compel witnesses to testify with respect to “public order” and “police” in the NCT of Delhi, in contravention of Articles 239 and 239AA(3)(a) of the Constitution of India, which confer the power to regulate “public order” and “police” in the NCT of Delhi exclusively with the Union of India?

5) Whether a Committee of the State Legislature can compel witnesses to testify on the issue of “communication”, which is within the exclusive jurisdiction of the Union of India (Entry 31 of List I of Seventh Schedule of the Constitution of India)?

A report by Wall Street Journal headlined “How Facebook’s Hate Speech Rules Collide With Indian Politics” that Facebook’ Chief Lobbyist in Delhi, Ankhi Das was opposed to applying the social media platform’s hate speech rules to at least one Bharatiya Janata Party (BJP) politician and other Hindu nationalist individuals and groups. “Ms. Das, whose job also includes lobbying India’s government on Facebook’s behalf, told staff members that punishing violations by politicians from Mr. Modi’s party would damage the company’s business prospects in the country…,” the report said, quoting unnamed current and former company officials.

Related:

Dear Mark Zuckerberg, time to speak up against hate speech on Facebook
Delhi violence: Facebook skips hearing before Committee on Peace and Harmony
Delhi Govt’s Committee of Peace and Harmony to examine Facebook India’s role in Delhi riots

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The Chief Minister held a press conference to share how well prepared his government was to tackle the increasing number of Covid-19 cases. However, while he showcased the five-point plan of action, which he described as ‘weapons in the war against Covid-19’ he made no mention of another potential crisis darkening the delhi sky… literally. Swarms of locusts have made landfall, as it were, in neighbouring Gurugram, still better known as Gurgaon.

As residents of the Millenium city, that Gurugram is also lovingly called, began posting videos of swarms in the sky, and photos of the big creatures sitting calmly on plants, and railings, slight panic spread in the neighbouring areas of Delhi. 

In response the Delhi Government has announced a ‘high alert’ in South and West districts of the city. These areas are right next to Gurugram, in Haryana, and have a similar topography of vast green areas bordered by thickly populated residential colonies. Some of these areas also have small scale vegetable, fruit and flower farms like the neighbouring city of the National Capital Region. Haryana was said to be on alert since Friday and reported the arrival of swarms of locusts on Saturday noon. 

Gopal Rai, Delhi’s Minister for Environment, Development, Labour & Employment and General Administration said that the government of NCR Delhi had called an emergency meeting and issued an official alert on Saturday afternoon. He tweeted, “Keeping in view the possibility of locust attack in Delhi, the Development Secretary, Divisional Commissioner, Director Agriculture and Horticulture were instructed to take necessary steps. High alert to South and West District”

दिल्ली में टिड्डियों के हमले की आशंका को मद्देनजर रखते हुए Development Secretary, Divisional Commissioner, Director Agriculture & Horticulture को जरूरी कदम उठाने के लिए निर्देश दिए गए।

साउथ और वेस्ट डिस्ट्रिक को किया गया हाई अलर्ट। pic.twitter.com/wrilMCqD56

— Gopal Rai (@AapKaGopalRai) June 27, 2020

The Delhi government had last issued an advisory in the last week of May. The issue was nearly forgotten because the locust swarms were said to have ‘rerouted’. The minister has not elucidated what the ‘necessary steps are’. Meanwhile, residents of Chattarpur, right on the Delhi-Gurugram border also shared pics of locusts over the area which has many sprawling ‘farm houses’, next to some real farmland and urban villages: “#LocustsAttack images coming from Chattarpur in Delhi” posted the Twitter user. The picture speaks for itself.

#LocustsAttack images coming from Chattarpur in Delhi ?#Locusts pic.twitter.com/gsvdgdDKXl

— #LetMeBreathe ? (@LetMeBreathe_In) June 27, 2020

A swarm is made up of over 80 million adult locusts, each of which is said to eat a quantity equal to its own weight. They can fly over a 100 km a day and eat through standing crops.

“Unwanted guests,” IPS officer  Dipanshu Kabra called them and posted, “And now this Most unwanted guests of the year are here. The #LocustSwarms arrived at the Delhi-NCR, today. Locals are advised to keep their windows & doors completely locked. Govt Departments on alert. #LocustsAttack #Gurugram.”

And now this??‍

Most unwanted guests of the year are here.
The #LocustSwarms arrived at the Delhi-NCR, today.
Locals are advised to keep their windows & doors completely locked.
Govt Departments on alert. #LocustsAttack #Gurugram.@SankarshanT @sunetrac @RohanV @Smita_Sharma pic.twitter.com/mSgMIDaxML

— Dipanshu Kabra (@ipskabra) June 27, 2020

Scores of other Gurugram residents shared videos of the flying insects that can eat through acres of crops in a flash.

Locusts at my in laws’ in Gurgaon ??#LocustsAttack pic.twitter.com/hl0Q20SJgT

— Shine ? Shimmer (@JesuAbRam) June 27, 2020

Here is the video of #LocustsAttack from my place. pic.twitter.com/Eo6a6YYQyQ

— Ronak (@ronak_dhupia28) June 27, 2020

According to a news report in the Hindustan Times, the Gurugram district administration had issued a warning on Friday about a possible locust attack. It reportedly asked residents “to play loud music and beat utensils,” to repel the insects that feed on standing crops and green vegetables.

“An advisory has been issued by the Gurgaon district administration for all residents to keep the windows and doors of their houses closed and gather together in the event of a locust attack to make loud noises by beating on tin cans, plates and drums,” a spokesperson of the District Administration has been quoted by Indian Express. According to other news reports, the locust swarm may be moving from Gurugram to Faridabad both in Haryana, and is heading towards Uttar Pradesh. Faridabad Deputy Commissioner Yashpal Yadav told the media that crops were unaffected by the swarm. “The locusts entered Faridabad this afternoon. We are prepared to deal with the situation,” he said. 

According to news reports the wind direction may have ensured that New Delhi did not see a locust swarm. Not yet anyway.  K L Gurjar, deputy director of the Centre’s Locust Warning Organisation, said a locust swarm was flying over Gurgaon and the southern border areas of Delhi but the wind direction was not favourable for its transport to the national capital. “It would move towards Faridabad and then enter Uttar Pradesh through Palwal,” he said.

However, a Noida resident posted photos of the swarm from the UP township that shares a border with Delhi tweeting, “Locust Attack in Noida-Gurgaon Today.Damn You #2020” 

Locust Attack in Noida-Gurgaon Today. ???

Damn You #2020#LocustsAttack pic.twitter.com/u3ylWZVKSV

— Knower Ritik (@knower_ritik) June 27, 2020

Farmers have already been asked to keep spraying pumps ready in case of an locust invasion.

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In wake of the extended lockdown, the Delhi government on Monday decided to provide an additional financial assistance of Rs. 5,000 to around 40,000 construction workers registered with the Construction Workers’ Welfare Board. It also decided to launch an online portal where construction workers could register themselves from May 15 to May 25. The Delhi government had earlier provided aid of Rs. 5,000 to construction workers in April, The Tribune reported.

दिल्ली में कंस्ट्रक्शन का काम करनेवाले मजदूरों को इस महीने एक बार फिर दिल्ली सरकार ₹5000 की सहायता राशि देगी।

— Arvind Kejriwal (@ArvindKejriwal) May 11, 2020

Since there was confusion about who could register, Delhi Labour Minister, Gopal Rai explained that carpenters, construction site guards, people who undertake concrete mixing, crane operators electricians, masons, tiles and stone fitters, welders, coolies, pump operators and others can apply for the benefit.

Construction Workers में कौन-कौन लोग रेजिस्ट्रेशन कर सकते हैं… pic.twitter.com/JeuItKp9De

— Gopal Rai (@AapKaGopalRai) May 11, 2020

The Delhi government also provided a one-time financial assistance of Rs. 5,000 to a total of 110,093 public service vehicle (PSV) badge holder para-transit drivers in the city. In the second week of April, the government had decided to provide this aid to drivers of autos, taxis, e-rickshaws and other para transit vehicles to help them overcome the financing crisis that stared them in the face during the lockdown, reported the Hindustan Times.

Transport minister Kailash Gahlot said that the teams had only executed this scheme after leveraging technology so that nobody would have to step out of their homes to collect this aid.

He said, “The government has paid a total amount of ₹550,465,000. To do this without requiring beneficiaries to leave their homes during lockdown, we developed a unique mobile-based technology and software, and leveraged Aadhaar-based direct benefits transfer (DBT).”

He also said that the government faced difficulties in providing aid as the during the verification process, they found that there were various mismatches in the names between driving licenses and Aadhaar cards. Gahlot said, “We witnessed that in around 60,000 cases there was a mismatch in names between driving licence and Aadhaar. So, we faced a lot of issues in their verification. All the 13 MLOs were directed to manually cross-check and verify the names and details in the driving license with the Aadhaar details. This way, through mobile technology and round the clock efforts of the Delhi transport department officials, the verification process was completed. We have received nearly 158,000 applications.”

Related:

Are passengers travelling on Shramik trains & Special AC trains guinea pigs to test new travel protocols?

Delhi HC again adjourns petition about police accountability for ‘indiscriminate’ arrests: Justice delayed?

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I am not surprised these days how our police is behaving. Those who spread hatred, threaten people openly and intimidate them through social media as well as ‘popular media’, screaming loudly on television channels have never been touched. Look at how hate mongers on TV channels have got full protections by the government. If certain state governments have gone against some of those hate mongers, BJP leaders are defending them as if they are ‘champions’ of civil liberty and democratic rights. Of course, it is an open secret how much BJP as well as Sangh Parivar ‘respect’ these rights of the individuals.

The most disturbing part in the entire episode is the role and silence of Delhi government. Delhi Minority Commission comes under the Delhi government and is a statutory body which has been doing its work quiet independently with Dr Zafarul Islam Khan following cases, visiting families and people victims of the violence in Delhi. Rather than supporting him, the government remains conspicuously silent on the issue. In the last one year, the prejudices and biases in the police forces and administration against Muslims in particular has witnessed a steep high. It is not that these prejudices never existed earlier but there was a certain respect to the constitution and law and authorities were not that brutal and brazen-faced in resorting to unconstitutional means.

I have always maintained that in a democratic society an individual has a right to be perceived innocent till he is proved guilty unless some one has been regularly spreading hatred and threatening people with violent means. Supreme Court has said it many times. In fact, on record, the government too says, that they respect the freedom of expression of the people and right to dissent. BJP leaders are championing rights of ‘dissent’ for serial offenders like Arnab Goswami and Sudhir Chaudhary, who don’t run a media house but are pamphleteer, much worst than Panchjanya and Organiser. At least, in both these mouth pieces of RSS, there are policy briefs and organisational position on various issues.

As the anti CAA protests grew all over the country and in most of the places remained absolutely democratic, peaceful and constitutional, efforts were made to provoke them. The initial response was to neglect them but when their innovative methods became international headlines, it was time for the power to act. The whole of Delhi was put on such a crisis by highly toxic election campaign by the BJP which made opposition parties mainly AAP to approach the elections in a different way. While AAP won a huge mandate, it refused to stand with the people protesting. Not only this, the Delhi government did not have word of warning or caution to police for filing cases against peaceful protesters.

Then came the Donald Trump’s visit to India and sudden change in the strategy of some of these sitting groups particularly on the East Delhi side. With Kapil Mishra openly resorting to threat if the protesters were not removed, violence broke out in East Delhi. Shockingly, rather than sympathising with the victims and survivors, the police seems to be become more ruthless. With no rehabilitation and all those who were forced to sleep on open in the crushing rains and winter, the ‘trends’ of the probe became targeting the victims. More and more cases are being filed against students who actually faced victimisation. There are no cases against those thugs who attacked JNU, hit students with iron rods. People seem to have lost the faith in these probes.

Dr Zafar ul Islam Khan has been active on various front particularly taking the cases of minorities who were victimised and need rehabilitation. Even during the Corona period, he has been active in trying to provide help to the community. I have not gone through all these tweets and do not feel that a person become national or anti national with one tweet or one article. You may disagree with him but people are reacting in deep anguish when they face a situation of helplessness. When a person leading a statutory body like Delhi Minorities Commission can feel being helpless during this crisis, imagine, what could be the condition of others.

Dr Khan has been a scholar of Islam and a deeply secular individual whose father Maulana Wahiduddhin Khan, was often castigated for being ‘secular’. In fact, many in the Sangh Parivar would quote and publish his articles in their journals. In fact, Dr Zafarul Islam Khan built a niche for himself quite independently and started ‘The Millie Gazette’ long back which used to publish articles from not only Muslim scholars but also a large number of non Muslim secular scholars and activists. It became a platform for sharing common concern and ideas. The publication house that he started has some of the finest work on Indian political history and contribution of Muslims in India’s freedom movement.

Today, a large number of activists, authors are languishing in jail for because of their view points. Most of them have dedicated their lives to people’s causes and can never think of being violent. They have lived for the rule of law and constitutional values but today even the doors of the justice are out of bound for them. it is this helplessness of the intellectuals which is the cause of deep worry and dangerous for the democracy. With not much in sight from the political parties, hoping from the courts is expecting too much but then we have no option but to have faith in the judicial system in hope that one day things will change and justice would be done. A perfect case for the Supreme Court may be to ask details of all those authors and activists who are booked under Sedition and UAPA laws and form an independent committee to look into these cases and report to them in a fixed time frame. It is not a big deal and can be really helpful. The second thing can be if the court provide clear guidelines to the police and administration as what constitute being anti national and where does our freedom reach to final limit. This will help in a long long way otherwise it will be only take us towards more authoritarian regimes with media becoming partner with the power acting as its mouth organ.

We hope the Delhi government will defend Dr Zafar-ul Islam Khan and he will get protection from the higher courts.

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On Friday, the Aam Aadmi Party (AAP) led Delhi government cleared the path for the prosecution of youth leader Kanhaiya Singh for sedition. The sudden move by the Delhi government has led to a flurry of speculation as to the motive behind suddenly throwing Kanhaiya under the bus despite their carefully cultivated image as a party of the people.

AAP MLA and spokesperson in a statement on the subject said, “The Delhi government, as a matter of policy and as a matter of principle, does not and has not intervened in any of such cases. Our government has not stopped prosecution in any case, whatsoever, in the last five years.” He also dubbed it a purely procedural matter. This is significant because AAP had refused this permission last September. Moreover, in December the Delhi High court refused to give the Delhi government directions to give sanction for prosecution.

Hours after the Delhi Government granted sanction for his trial, Kanhaiya Kumar questioned the timing of the move and alleged that this was being done with an eye on Bihar elections that are due later this year, “According to law the chargesheet should be filed within 90 days. They took years and timed the filing of the chargesheet with the Lok Sabha elections. Now, Vidhan Sabha elections are coming up and they have sanctioned a trial.” However, Kumar did not blame Delhi Chief Minister Arvind Kejriwal. “The Delhi Police reports to Amit Shah. Now I urge that a speedy trial be conducted in a fast track court, so that the truth can come out quickly,” he said.

Kanhaiya further made a series of tweets:
 

दिल्ली सरकार को सेडिशन केस की परमिशन देने के लिए धन्यवाद। दिल्ली पुलिस और सरकारी वक़ीलों से आग्रह है कि इस केस को अब गंभीरता से लिया जाए, फॉस्ट ट्रैक कोर्ट में स्पीडी ट्रायल हो और TV वाली ‘आपकी अदालत’ की जगह क़ानून की अदालत में न्याय सुनिश्चित किया जाए। सत्यमेव जयते।

— Kanhaiya Kumar (@kanhaiyakumar) February 28, 2020

सेडिशन केस में फ़ास्ट ट्रैक कोर्ट और त्वरित कार्रवाई की जरुरत इसलिए है ताकि देश को पता चल सके कि कैसे सेडिशन क़ानून का दुरूपयोग इस पूरे मामले में राजनीतिक लाभ और लोगों को उनके बुनियादी मसलों से भटकाने के लिए किया गया है।

— Kanhaiya Kumar (@kanhaiyakumar) February 28, 2020

The case deals with alleged seditious slogans raised on February 9, 2016 at the Jawaharlal Nehru University (JNU) during a protest to condemn the hanging of Afzal Guru. The other youth leaders accused in the case were Umar Khalid and Anirban Bhattacharya.

Khalid and Bhattacharya tweeted their joint statement:

(1/3) Statement by Me and Anirban:

The news of Delhi govt granting sanction to sedition case against us doesn’t trouble us at all. We are confident of our innocence, have full faith in the judiciary & have ourselves been demanding the case against us to be tried in the courts.

— Umar Khalid (@UmarKhalidJNU) February 28, 2020

(2/3) The ensuing trial will vindicate us & prove that the media trial at the behest of the ruling regime was false, malicious & politically motivated. We have lived under the shadow of these false charges for far too long. Finally, sab doodh ka doodh aur paani ka paani hoga!

— Umar Khalid (@UmarKhalidJNU) February 28, 2020

(3/3) And as we will defend ourselves in the court, we will expose the lies of the ruling regime and its fake claims of being nationalist.

— Umar Khalid (@UmarKhalidJNU) February 28, 2020

The Delhi government’s move granting saction for prosecution has drawn condemnation from all secular and liberal quarters. Senior Congress leader P Chidambaram tweeted:

Delhi Government is no less ill-informed than the central government in its understanding of sedition law.

I strongly disapprove of the sanction granted to prosecute Mr Kanhaiya Kumar and others for alleged offences under sections 124A and 120B of IPC.

— P. Chidambaram (@PChidambaram_IN) February 29, 2020

Filmmaker Onir pulled no punches as he tweeted:

Shame @ArvindKejriwal . Most disappointed turncoat . With #KanhaiyaKumar @UmarKhalidJNU . The hypocrisy of the govt will be unmasked pic.twitter.com/cjv0XIwziM

— Onir (@IamOnir) February 29, 2020

Talk show host and former Bollywood diva Simi Garewal also appeared disheartened by the move as she tweeted:

In this one step towards prosecuting #KanhaiyaKumar I have lost all the respect I ever had for @ArvindKejriwal and @AamAadmiParty. I regret that I ever defended or supported them.

— Simi Garewal (@Simi_Garewal) February 28, 2020

Meanwhile, it is also curious that the move comes close at the heels of stones, acid pouches and petrol bombs being recovered from the terrace of a property owned by AAP leader Tahir Hussain. While Hussain maintains that he had been forced to flea the location fearing for his life well before the discovery and that he is being framed, it cannot be denied that this has generated negative publicity for AAP. This is a highly politically charged atmosphere where AAP is already facing flak for not being seen on the ground during the initial days comforting victims of violence or making any statement condemning the attack or appealing for peace until much later.
 

Related:

Delhi violence: 35 dead, petrol bombs, stones recovered from AAP leader’s home
Youth assaulted by cops in viral ‘national anthem’ video dies

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In a long overdue decision, the Delhi social welfare minister Rajendra Pal Gautam on Monday, August 21,  announced a blanket ban on manual cleaning of sewers and warned that anyone found violating the rule will be booked under culpable homicide.He also said that a committee had been formed to find out the best possible ways or machines to clean the gutters, within 15 days. This directions came after Lieutenant Governor Anil Baijal on Monday called a high-level meeting over deaths during sewer cleaning, which was attended by Delhi Chief Minister Arvind Kejriwal, Delhi PWD minister Satyendar Jain and Gautam, along with officials of the departments concerned. The real question will be how strictly the Delhi government now implements the ban.

“It was decided in the meeting that no person will be allowed to go inside the gutter for sewer cleaning under any circumstances. There will be a complete ban on it. We will also put up hoardings in this regard,” Gautam told reporters.

“It is very unfortunate and shameful that people are losing their lives while cleaning sewers manually in the country’s capital,” the minister said, adding there were “standing instructions” that sewer drains should not be cleaned manually, but people were not adhering to the norms. “From noow on, if any contractor or the engineer is found getting the sewer lines or tanks cleaned manually, he will be booked under culpable homicide instead of negligence,” Gautam told the media. Earlier he said also he had issued instructions for putting up hoardings discouraging manual cleaning of sewers but that was not followed properly and another incident happened.

One more man had died while cleaning a sewer tank in Lok Nayak Jai Prakash (LNJP) Hospital of the Delhi Government on Sunday, while three others were injured. It is the 10th such death in Delhi in just over a month.

There is more. The minister also said that a committee comprising CEO-Delhi Jal Board, Chairman-New Delhi Municipal Council (NDMC) and Commissioner-South Delhi Municipal Corporation had been formed to find out the best practices adopted or the best machines being used in other countries across the world to clean sewer lines.

“They will submit their report in 15 days which will be tabled before the Lieutenant Governor in the next meeting,” he said. He added that on several occasions, it was found that people privately hired labourers to clean sewer tanks at their houses or at shopping malls and mishaps occurred. “I have asked the authorities concerned to make a proper list of such people who manually clean sewer. I have also ask the Jal Board to display a contact number on the hoardings, so that people can call on that number and ask for help if any sewer line or tank is to be cleaned instead of directly hiring the labourers,” Gautam said.

On August 12 , two brothers died of suffocation while cleaning a septic pit at a mall in Shahdara in east Delhi. On August 6, three persons died after inhaling toxic gases while cleaning a sewer in Lajpat Nagar in south Delhi. On July 15, four persons had died after inhaling poisonous gases as they entered a water harvesting tank in Ghitorni in south Delhi.

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