Twitter India's CEO vs. UP Cops: HC grants significant relief

The Karnataka High Court has granted interim protection from arrest to Twitter India CEO Manish Maheshwari, who was called by Uttar Pradesh Police for interrogation over comments concerning the attack of a Muslim man in Ghaziabad.

Further, the court ruled that Mr Maheshwari, who was later accused of rioting, inciting hatred, and criminal conspiracy, is not required to come to UP at this time.

"This case requires more attention," stated a single-judge bench led by Justice G Narender, who postponed orders till June 29. "There will be no coercive action (till then)..." as per Justice Narender.

In response to UP Police's protest that this meant Maheshwari, a Bengaluru resident, had been given anticipatory release, the court stated that it was not suspending the inquiry.

"If the police want to investigate or interrogate someone, they may do it virtually," Justice Narender remarked.

Following Thursday's hearing, Maheshwari stated in the Karnataka High Court, "The notices (from the police) to me changed from witness to accused in two days."

He indicated that on June 17, UP Police handed him a notice identifying him as a witness in accordance with Section 160 of the Code of Criminal Procedure. They sent him another two days later, listing him as an accused under Section 41 of the CrPC, which would have permitted his detention.

"I have nothing to do with any of the claims... some of the accused posted a video, yet they have filed an FIR against me," Maheshwari explained.

"I am now in Bangalore. The cops issued an email with a notification. I answered that I was unable to go to Ghaziabad and volunteered to present online. But they require my personal presence," he stated.

The court questioned the UP Police over the summons, saying: "... he (Maheshwari) is not in charge of Twitter's day-to-day operations. At the very least, you should be able to demonstrate that he is to blame..."

According to UP Police, Maheshwari and Twitter India's Resident Grievance Officer, Dharmendra Chatur, who was also called, were in charge of activity on the digital platform.

UP Police stated that the change in the notice to Maheshwari was "based on inquiry."

On June 23, Maheshwari filed a summons challenge with the UP Police after being served with a notice summoning him to the Loni Police Station (on the Delhi-UP border) for questioning.

He had previously proclaimed himself ready for questioning via video chat, but the police refused, insisting on his actual presence.

Last Monday, an FIR was filed against Twitter India, numerous journalists, and Congress politicians after an elderly man named Abdul Samad said he was assaulted by others and made to chant "Jai SriRam." A video of the event went viral on social media.

Twitter India had been asked to remove certain posts, yet had first failed to do so. As per the summons, Twitter failed to delete certain "objectionable" posts.

"Even when authorities requested you to, you couldn't erase certain tweets. You are aware of Indian rules and are obligated to abide by them "Maheshwari had been summoned, according to the summons notification.

The authorities have disputed that there is a "community element" to the case, stating that the guy was beaten up because he sold amulets. They said he was attacked by six people he knew, both Hindu and Muslim.

On the other hand, Samad's family has rejected the police's accusations.

"The police are incorrect in their assertion that my father used to sell tabeez (amulets). This is something that no one in our family does... We work as carpenters. Let the police investigate if they are not speaking the correct thing "Babloo Saifi, his son, stated.

This is the very first lawsuit brought against the social media giant since the Centre's new regulations for online news publishing platforms went into force.