Ghaziabad incident: HC quashes notice issued to Twitter India MD under tougher section of Cr.PC
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But allows U.P. police to record his statement treating him as a witness
In a relief to Twitter Communications India Pvt. Ltd. Managing Director Manish Maheshwari, the High Court of Karnataka on July 23 quashed the notice issued to him by Uttar Pradesh police under Section 41A of the Code of Criminal Procedure in a case registered for uploading and circulating a ‘communally sensitive’ video and tweets.
The court said that the notice will have to be treated as one issued under Section 160 of the Cr.PC, and the U.P. police can take his statement whether through virtual mode or by visiting his office or residence in Bengaluru, Karnataka.
Justice G. Narendar, while disposing of Mr. Maheshwari’s petition, said that the High Court of Karnataka has the jurisdiction to entertain the petition as part of the cause of action occurred in Bengaluru, as the petitioner resides and works in Bengaluru.
The provisions of the statute cannot be invoked to harass the petitioner merely because he had not personally appeared before the investigating officer based on the notice issued to him earlier under Section 160 of the Cr.PC treating him as a witness in the case, the court said while quashing the notice under Section 41A, which amounted to treating him as an accused.
Issuance of notice to Mr. Maheshwari under Section 41A of the Cr.Pc appears to be arm-twisting him, as he had refused to take note of the notice issued earlier under Section 160, the court said while pointing out from the company’s records that neither Twitter India nor Mr. Maheshwari have any control over contents on Twitter, as it is Twitter Inc. USA, which has the capacity to control contents of the social media platform.
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