NEW DELHI, June 24: The Karnataka High Court on Thursday granted Manish Maheshwari, the India chief of microblogging social platform Twitter, a temporary protection from being arrested by Uttar Pradesh Police in connection with tweets about the assault of a Muslim man in Ghaziabad.
The court also said Maheshwari – a Bengaluru resident who had been summoned to UP for questioning – did not, at this time, have to travel.
A single-judge bench of Justice G Narender said: “This matter needs further consideration”, and reserved orders till June 29. “No coercive action (till then) …” Justice Narender said.
To an objection by UP Police that this meant Maheshwari had been granted anticipatory bail, the court said it was not stopping investigations. “If the police desire to investigate, they may do so by virtual mode,” Justice Narender said.
During today’s hearing Maheshwari had told the Karnataka High Court: “In two days, the notices (from the police) to me changed from witness to accused.”
He pointed out that on June 17 UP Police sent him a notice identifying him as a witness (under Section 160 of Code of Criminal Procedure). Two days later, they sent him another that listed him as an accused (under Section 41 of the CrPC, which would have allowed his arrest).
“I have nothing to do with any of the allegations… some accused uploaded a video but they have registered a FIR against me,” Maheshwari said.
“I am in Bangalore. The police sent notice via email. I responded stating I am not in a position to come to Ghaziabad… offered to appear via online. But they want my physical presence,” he added.
The court then questioned UP Police over the summons, saying: “At least prima facie you should show that he (Maheshwari) is responsible or in charge…”
Maheshwari had filed a challenge to UP Police’s summons on June 23 – after he was served a notice calling him to the Loni Police Station (on the Delhi-UP border) for questioning.
He had earlier declared himself available for questioning via a video call, but the offer was rebuffed by the police, who insisted on his physical presence.
An FIR was filed last week against Twitter India, several journalists and Congress leaders after an elderly man – Abdul Samad – alleged he was thrashed by some people forcing him to chant “Jai Sri Ram.” Those named were accused of posting and sharing “misleading” tweets, and the video, and “provoking communal sentiments”.
Earlier this week the Bombay High Court granted one of the accused four weeks transit anticipatory bail in connection with this case.
Twitter India had been ordered to delete certain posts but initially failed to do so. “You couldn’t remove certain tweets even after you were asked to by authorities. You understand Indian laws and are bound to follow them,” the notice summoning Maheshwari had said.
The police have denied any “communal angle” in the case, claiming the man was beaten up over amulets he sold. They alleged he was attacked by six persons – both Hindu and Muslim – known to him.
Samad’s family, however, has denied the police’s claims. “Police is wrong in saying my father used to sell tabeez (amulets). No one in our family does this… We are carpenters. Police are not saying the right thing – let them investigate,” his son, Babloo Saifi, claimed.
This is the first time a case has been filed against the social media giant after the centre’s new rules for online news publishing platforms came into effect.
(Manas Dasgupta)
