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Sajid Yousuf Shah, founder of the Real Kashmir News, a start-up Digital News Agency, which strives to bring out the positive stories from Kashmir has served a legal notice to Twitter Inc through Advocate Abhishekh Choudhary for illegally, arbitrarily and unreasonably suspending his twitter handles (@theskandar) and (@TheRealKashmir_)  having approximately 87,000 and 16,500 followers respectively.

It has been contended that Shah has always used his Twitter handles diligently and by strictly following the rules and policy of Twitter Inc and has always used them to interact with the members of public offices and to receive and disseminate information about Government of India decisions on various issues relating to Kashmir Valley.  

“Surprisingly, as per the information made available to my office by my client, you, the Noticee Company, suspended the handles of my client in sheer violation of the principles of natural justice, without providing any opportunity of being heard, or without issuing any warning or notice of violation of Twitter rules, whatsoever. More surprisingly, the email communications from the Noticee Company to my Client in relation to the aforesaid action of illegal, arbitrary, unilateral and unreasonable suspension is silent about a violation of any specific rule framed in relation hitherto,” the notice states.

However Twitter on various instances suspended Shah’s handle firstly on January 6, 2020, thereafter on March 15, 2020 which was briefly revoked and ultimately on January 13, 2021 suspended the account, the effect of which is still continuing without any reasonable ground, cause or justification.

However, you, the Noticee Company, before making the aforesaid suspensions has not communicated the reasons thereof, despite having the email address and contact number of my client, which he used to create the handles on Twitter. In clear violation of not only the rules of audi alteram partem, but also of your own company, you have neither notified my client about the aforesaid suspensions on multiple occasion, nor gave any explanation as to which particular policy or policies was violated by my client or his content vide his tweets.

Series of instances have been mentioned in the notices wherein Shah’s account has been suspended some of them being: 

• On January 6, 2020, Shah’s twitter account (@Ibne_sena) was suspended for violating Twitter Rules by mentioning another tweet made by another user of twitter wherein private information‟ may have been posted by such user. Instead of suspending the handle of that person, Twitter suspended Shah’s account. 
• Vide email dated January 14, 2020, Shah’s handle (@Ibne_sena) was locked for violating the Twitter Rules, more specifically, the violation of rules against posting private information irrespective of the same being available on public domain.

“The students who cannot afford books or pay school fees plz contact following in J&K 9826813756 9752033255 9826858785 7489587851 @raheelk,” the tweet read.

• Vide Email dated April 6, 2021 twitter again communicated regarding permanent suspension of (@TheSkandar)’s account without giving any reason for the same. 

“The illegal, arbitrary, unilateral and unreasonable suspension of twitter accounts / handles of my client is an infringement of my client‟s right to freedom of speech and expression guaranteed to him under Article 19(1)(a) of the Constitution of India. This is, in all reasonable sense, arbitrary and unlawful censorship of online speech, by the significant social media intermediary such as Twitter,”the notice also states.

It is pertinent to mention that the Delhi High Court today expressing displeasure at Twitter's delay in appointment of a Resident Grievance Officer as per Rule 4 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 remarked " How long does the process take, if Twitter thinks it can take as long as it takes in this country, that will not be allowed."