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The Karnataka High Court today granted interim stay against notice issued by UP Police to Twitter India’s employee Manish Maheshwari under Section  41A of CrPC.

The matter was being heard by a single judge bench of Justice G Narendar against the Ghaziabad police summons order to Mr Maheshwari for questioning under Section 41 A of CrPC and had been given seven days to appear before the police and record his statement.

Adv CV Nagesh for Manish Maheshwari submitted that  Twitter had nothing to do with the video since it was only a platform. He further submitted that a notice u/s 160 CrPC, 1973 was issued to Twitter which is a summon to appear before the officer incharge of the police station.

“I have sent my communication to them. I am in Bangalore & I’m not in a position to come to Ghaziabad. I would tell them that I’m willing to give my statement but through VC”, submitted Nagesh

Nagesh further submitted that just 2 days a notice was  issued  u/s 160 and  thereafter 2 days another notice has been u/s 41A because he had said that he will not be able to appear in person”.

Adv Prasanna Kumar for State of UP referred to Art 226 objected to the maintainability of the petition raising issues related to the Territorial Jurisdiction. He also placed reliance on CBI v. Narayan Diwakar.

The Court however said that the ambit of Art 226 is wide enough and the petitioner is resident a of Bangalore which cannot be disputed.

The Court further said that the petitioner is not an accused and willing to appear on virtual call. Moreover Section 41 notice can only be issued when one does not cooperate.

“The mandate of section 41A (1) can only be raised in case of any reasonable complaint. In the instant case the allegation is that the video has been uploaded & the petitioner has nothing to do with the same as he is the HR of marketing & sales of the company”, observed the Court.

The Court has Listed the matter for next hearing on June 29, 2021. "If the police desires to investigate the petitioner they may do so by virtual mode.", the Court said.

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.

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