The Karnataka High Court on Friday quashed a notice — issued by the Ghaziabad Police in connection with the assault of a Muslim man in Loni — against Twitter India Managing Director (MD) Manish Maheshwari.
The court said if the Uttar Pradesh Police needs to question Maheshwari, they can do so at his office address or even virtually. It also said that the notice issued under Section 41A of the CrPC can be treated as issued under Section 160. “The notice under 41A appears malafide,” the court said.
“It is not only the failure of the police to obtain information available in public domain, but the ominous silence maintained regarding merits of the matter and an attempt to coax the court on the subject of territorial jurisdiction alone,” the court observed, while taking up the issue of Maheshwari’s claim that he has no role over the content that goes on the social media platform.
Justice G Nagendar also said the notice is vitiated and the court cannot allow police to use their statutory powers as tools of harassment.
Maheshwari’s counsel argued that he handles only the sales/marketing issues related to the company, and was still being served a notice even when the names of board members of Twitter Inc and Twitter India are available in public domain, but police seem to have targeted him.
The case relates to the Ghaziabad Police issuing Maheshwari a notice in connection with the case where a Muslim man was thrashed by a group of men and his beard was chopped off in Loni. UP Police had issued the notice under Section 41A to Maheshwari to appear before them. This was done after a previous notice issued to him under Section 160 in response to which, the Twitter MD said he would appear virtually. The FIR pertains to Twitter’s inaction to prevent spread of fake news.
The Ghaziabad Police wants to quiz Maheshwari on Twitter’s alleged failure to remove the controversial video that reportedly showed the Muslim man being assaulted.
Maheshwari’s counsel CV Nagesh argued in the court that the notice under 41A applies only to three categories — complaint lodged against him directly, credible information of commission of a cognisable crime and reasonable suspicion of commission of a cognisable offence. Nagesh said these three don’t apply to his client.
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