In a major setback to the Uttar Pradesh Police, the Karnataka High Court on Friday quashed the notice issued to Twitter India MD Manish Maheshwari.
A single bench of Justice G Narendra said that the notice under Section 41 (A) of the Code of Criminal Procedure should be treated as under Section 160, which would allow the Ghaziabad Police to digitally interrogate Maheshwari at hisr office or at his residential address in Bengaluru.
The court observed that the legal provisions under section 41(a) should not be allowed to become an “instrument of coercion” and that the Ghaziabad police had not produced any material which could prima facie establish the involvement of the petitioner while the hearing was held in the past. It has been going on for several days.
“In the background of the fact that the notice under section 41(a) was issued in a malicious manner, this writ petition (petition filed by Maheshwari) is maintainable,” the court said.
Let us tell you that Manish Maheshwari, the head of Twitter India, was called for questioning by the Uttar Pradesh Police over the tweet about the attack on a Muslim man in Ghaziabad. Maheshwari was asked by the UP Police to appear at the Loni Border Police Station.
According to media reports, police officials said that both Hindus and Muslims were among the attackers. These include Parvesh Gurjar, Arif, Adil and Mushahid. A video of the incident was widely shared on social media. Following this, an FIR was lodged last month against Twitter India, several journalists and Congress leaders. According to the police, the dispute was over the purchase of an amulet as the victim, Abdul Samad, allegedly practiced witchcraft and sold an amulet to Gurjar.