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The Karnataka High Court today quashed the notice issued by the Ghaziabad Police under Section 41 A of the Code of Criminal Procedure to Twitter India's MD Manish Maheshwari in relation to the FIR registered against him over a video in the Loni assault case.

The single bench of Justice G Narendar said that the notice was issued as "a tool of harrasment" by the UP Police since the latter failed to place any material on record which would prima facie show involvement of Maheshwari in posting the said video on Twitter.

The court further observed that Twitter Communications Private Limited was an independent entity and had no control over social media content. The Court thus held that the notice was issued without ascertaining if Maheshwari had any control over the contents posted on Twitter.

The Court also held that the petition was maintainable before the Karnataka High Court.

The Court further observed that Maheshwari was not named in the FIR and the Police was conscious that it was Twitter Inc which had control over the contents posted on Twitter.

The Court however clarified that the Police is at liberty to seek information from Maheshwari as a witness through Video Conferencing.

It must be noted that the Ghaziabad police had summoned Mr Maheshwari for questioning under Section 41A of CrPC and had been given seven days to appear before the police and record his statement.

Previously, single judge bench of Justice G Narendar on June 24 had granted interim stay against notice issued by Uttar Pradesh Police to Twitter India’s employee Manish Maheshwari under Section 41A of CrPC. The court had however given liberty to the Police to investigate the petitioner through virtual mode.

Background-

An FIR had been filed against Alt News Co-Founder Mohammed Zubair, Rana Ayyub, Saba Naqvi, the Wire & congress leaders Shama Mohammed, Salam Nizami & Maskoor Usmani at 11:20 PM on June 15, 2021 at PS Loni Border under sections 153 (provoking riots), 153A (promoting enmity between religious groups), 295A (insulting religious beliefs), 505 (statements inducing public mischief) & 120B (punishment of criminal conspiracy).

Twitter Inc. & Twitter Communications Pvt. Ltd. were also named in the FIR for failing to take down/flag the tweets.

The Government of Uttar Pradesh has filed a plea in the Supreme Court against the order of the Karnataka High Court which had granted Twitter India MD Manish Maheshwari protection from coercive action till the next date of hearing in the High Court.

 Also, an FIR was filed against Manish Maheshwari at Bulandshahr in the wee hours of the night for the distorted and incorrect representation of the Indian Flag on its website, ANI reported. The managing director has been booked under Section 505(2) of the Indian Penal Code and Section 74 of the IT (Amendment) Act, 2008. The complaint has been filed by a Bajrang Dal Leader.

Recently, the Bombay High Court bench of Justice PD Naik had granted transit bail of 4 weeks to Rana Ayyub, one of the accused named in the FIR.

Case Title: Manish Maheshwari v. State of UP| WP No 11028| 2021