This Article is From Jun 25, 2021

In Twitter India Chief's Case Against UP Cops, Big Relief From High Court

The Karnataka High Court also said Manish Maheshwari, Twitter India's chief, did not have to travel to Uttar Pradesh for questioning, and reserved orders till June 29

Manish Maheshwari is Twitter India's chief (File)

New Delhi:

Twitter India chief Manish Maheshwari - who'd been summoned by Uttar Pradesh Police for questioning over tweets about the assault of a Muslim man in Ghaziabad - has been granted temporary protection from arrest by the Karnataka High Court.

The court also said Mr Maheshwari - whom the police later charged with intent to riot, promoting enmity and criminal conspiracy charges - does not have to travel to UP at this time.

A single-judge bench of Justice G Narender said: "This matter needs further consideration", and reserved orders till June 29. "No coercive action (till then) ..." Justice Narender said.

To an objection by UP Police that this meant Mr Maheshwari, who is a resident of Bengaluru, had been granted anticipatory bail, the court said it was not stopping the investigation.

"If police desire to investigate or question, they may do so by virtual mode," Justice Narender said.

During Thursday's hearing Mr Maheshwari had told the Karnataka High Court: "In two days, the notices (from the police) to me changed from witness to accused."

He pointed out that on June 17 UP Police sent him a notice identifying him as a witness under Section 160 of Code of Criminal Procedure. Two days later, they sent him another that listed him as an accused under Section 41 of the CrPC, which would have allowed his arrest.

"I have nothing to do with any of the allegations... some accused uploaded a video, but they have registered a FIR against me," Mr Maheshwari said.

"I am in Bangalore. The police sent notice via email. I responded stating I am not in a position to come to Ghaziabad... offered to appear via online. But they want my physical presence," he added.

The court questioned UP Police over the summons, saying: "... he (Mr Maheshwari) is not Director of day-to-day activities of Twitter. At least prima facie you should show he is responsible..."

UP Police had said Mr Maheshwari and Twitter India's Resident Grievance Officer, Dharmendra Chatur, who was also summoned, were responsible for activities on the digital platform.

On the change of notice to Mr Maheshwari UP Police said it was "based on investigation".

Mr Maheshwari had filed a challenge to UP Police's summons on June 23 - after he was served a notice calling him to the Loni Police Station (on the Delhi-UP border) for questioning.

He had earlier declared himself available for questioning via a video call, but the offer was rebuffed by the police, who insisted on his physical presence.

An FIR was filed last week against Twitter India, several journalists and Congress leaders after an elderly man - Abdul Samad - alleged he was thrashed by some others and forced to chant "Jai SriRam" and "Vande Mataram". A video of the incident was widely shared on social media.

Twitter India had been ordered to delete certain posts but initially failed to do so. The UP Police summons accused Twitter of failing to remove certain "objectionable" tweets.

This week PTI quoted sources as saying the company had "withheld" 50 tweets after receiving a legal request to do so. The sources said the tweets contained content related to the video clip.

"You couldn't remove certain tweets even after you were asked to by authorities. You understand Indian laws and are bound to follow them," the notice summoning Mr Maheshwari had said.

The police have denied any "communal angle" in the case, claiming the man was beaten up over amulets he sold. They alleged he was attacked by six persons - Hindu and Muslim - known to him.

Mr Samad's family, however, has denied the police's claims.

"Police is wrong in saying my father used to sell tabeez (amulets). No one in our family does this... We are carpenters. Police are not saying the right thing - let them investigate," his son, Babloo Saifi, told NDTV.

This is the first time a case has been filed against the social media giant after the centre's new rules for online news publishing platforms came into effect.