Karnataka HC quashes UP Police’s notice sent to Twitter India MD in a case involving a video related to assault of an elderly man in Ghaziabad

The Karnataka High Court quashed the notice issued by the Uttar Pradesh Police to Twitter India MD Manish Maheshwari in a case involving a video about the assault of an elderly Muslim man in Loni, Ghaziabad. Under Section 41A of the Code of Criminal Procedure (CrPC), the notice was issued.

Maheshwari’s statement should be virtually or at his office or home by the police, news agency ANI reported.

“The provisions of the statute cannot be permitted to become tools of harassment. The respondent has not placed even an iota of material which would prima facie show involvement of the petitioner,” the High court order reportedly said.

According to Live Law, futher the court, observed that the material placed on record demonstrates that the entity Twitter India is an independent entity and shareholding partner and control of the affairs of the company is in hands of Twitter Ireland.

The court added that the available information cannot be said signifying that petitioner controlling the contents of the social media platforms run by Twitter Inc.

The court further noted that Maheshwari has not been charged as an accused in the Ghaziabad FIR.

The High Court finally rejected the objection raised by the UP Police against the maintainability of the petition due to lack of territorial jurisdiction.

On 17 June, the UP Police, had sent a legal notice to Twitter India’s MD Maheshwari, for inciting communal disharmony owing to tweets that were made in connection with the alleged assault on an elderly Muslim man in Loni, earlier in June.

A video of the incident had gone viral on social media to represent a hate crime against a Muslim man.

However the police alleged later that the incident had wrongfully been given a communal colour.

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