Thread by @barandbench

Karnataka High Court to hear plea by Twitter's Manish Maheshwari challenging notice issued to him by Uttar Pradesh Police under Section 41A CrPC over tweets on Ghaziabad assault video

#KarnatakaHighCourt #TwitterIndia @manishm

Hearing begins. Senior Advocate CV Nagesh appears for Maheshwari. Court wants to hear respondents on issue of maintainability first

#KarnatakaHighCourt #TwitterIndia

Counsel for UP Police making submissions. Nagesh says that he cannot hear arguments, as the lawyer is arguing physically before the Bench

#KarnatakaHighCourt #TwitterIndia

Court makes arrangements so that lawyer can be heard.

#KarnatakaHighCourt #TwitterIndia

Lawyer argues that since Maheshwari was representative of Twitter in India, notice was issued to him under Section 41A CrPC.

#KarnatakaHighCourt #TwitterIndia

There is no threat to liberty of petitioner. All that UP Police wants to know if who is the in-charge of Twitter in India. If they had disclosed this, none of this would have happened.

#KarnatakaHighCourt #TwitterIndia

Technical difficulties being faced.

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IT Rules, 2021 require that Grievance Officer has to be based in India. It is their responsibility to disclose the same: Counsel for UP Police.

#KarnatakaHighCourt #TwitterIndia

Another person who was named in the FIR, Mohammed Zubair, appeared before us and answered everything: Counsel for UP Police

#KarnatakaHighCourt #TwitterIndia @zoo_bear

This notice was issued only in representative capacity. Counsel cites Section 305 CrPC

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The company has to say something on this. Maheshwari claims to be MD/Head of Operations, so we issued notice to him: UP Police

#KarnatakaHighCourt #TwitterIndia

Counsel now on jurisdiction of Karnataka High Court to entertain Maheshwari's petition. Cites clause 2 of Article 226 of the Constitution of India.

#KarnatakaHighCourt #TwitterIndia

FIR has been registered in Ghaziabad police station. Notices were issued to addresses in Delhi and Mumbai. Neither whole nor part of cause of action arises in jurisdiction of this High Court: Counsel for UP Police

#KarnatakaHighCourt #TwitterIndia

Advocate Prasanna Kumar for UP Police now citing judgments in support of his case.

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This Court cannot be considered "High Court" under the CrPC for the purposes of this case: Kumar

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Court asks if accused can be interrogated without arrest. Kumar says yes.

#KarnatakaHighCourt #TwitterIndia

Nagesh begins submissions for Maheshwari. For a moment, it is not disputed that I am a resident of Bangalore. It is also not disputed that the establishment of ninth accused (Twitter) is in Bangalore.

#KarnatakaHighCourt #TwitterIndia

We are not in Ghaziabad. Twitter India office is at RMZ Infinity, Bangalore. So jurisdiction is of Karnataka High Court: Nagesh

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Maheshwari is not one of the Directors of the company (as listed in the writ petition). I am only an employee. They wanted to know who should be contacted. If they had a little patience, it is very much available: Nagesh

#KarnatakaHighCourt #TwitterIndia

I came to be served with a notice under Section 41A CrPC at Bangalore, or on the erroneous assumption that Maheshwari is a Managing Director of Twitter: Nagesh

#KarnatakaHighCourt #TwitterIndia

First notice to Maheshwari was issued to address of Twitter's Mumbai office. This is not my address or my office: Nagesh

#KarnatakaHighCourt #TwitterIndia

Then, they sent a notice to me to the Delhi office of Twitter: Nagesh

#KarnatakaHighCourt #TwitterIndia

Nagesh on how notice under Section 160 CrPC infringes his client's fundamental rights. Proceeds to read Section 160

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If we read a provision of law 100 times, we get 101 meanings! Justice G Narendar on lighter note. Context of the provision changes as per facts of case.

#KarnatakaHighCourt #TwitterIndia

UP Police did not have jurisdiction to issue notice to me under Section 160 CrPC, whether it was Mumbai, Delhi or Bangalore: Nagesh

#KarnatakaHighCourt #TwitterIndia

Twitter India or its employees do not control any of the data of users of Twitter. Therefore, I would not be in a position to provide information. Nagesh points out that despite this, Maheshwari was willing to co-operate over video conferencing

#KarnatakaHighCourt #TwitterIndia

But still they do not want me to appear on video, probably with some ulterior motive: Nagesh

#KarnatakaHighCourt #TwitterIndia

In the next 24 hours, I am ready to appear on video or physically. But they must give an undertaking to this Court that they will not lay a hand upon me: Nagesh

#KarnatakaHighCourt #TwitterIndia

They want to know from me who is responsible for the day-to-day functioning of Twitter. What is the need for sending notice u/s 41A for that? I have said that I am willing to co-operate in terms of notice u/s 160 CrPC: Nagesh

#KarnatakaHighCourt #TwitterIndia

No complaint has been made against me, no crime has been registered against me. The FIR is registered against the company, which is being manned by a Board of three Directors whose names are submitted in the writ petition: Nagesh

#KarnatakaHighCourt #TwitterIndia

41A CrPC is for persons against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence. I do not fit into any of these categories: Nagesh

#KarnatakaHighCourt #TwitterIndia

Thus, it is a notice that has been issued without the sanction of law. Am I not then entitled to challenge it before the Karnataka High Court?

#KarnatakaHighCourt #TwitterIndia

As per clause 3 of Section 41A, a person who complies may not be arrested unless a police officer thinks he should be arrested. Despite compliance, I will be at the mercy of the police: Nagesh

#KarnatakaHighCourt #TwitterIndia

Thus, submission of UP Police that I should not apprehend arrest should be rejected: Nagesh

#KarnatakaHighCourt #TwitterIndia

The company, and not the police, is empowered to nominate representatives of the company: Nagesh

#KarnatakaHighCourt #TwitterIndia

Nagesh cites Section 305(3) CrPC:

"Where a corporation is the accused person or one of the accused persons in an inquiry or trial, it may appoint a representative for the purpose of the inquiry or trial and such appointment need not be under the seal of the corporation."

305(2)*

UP Police cannot nominate me as a representative of the company for the inquiry, the company has to do that: Nagesh

#KarnatakaHighCourt #TwitterIndia

Why are they hesitant to question me through video conference? They want me to come physically. And then counsel for UP Police says that they do not want to arrest me: Nagesh

#KarnatakaHighCourt #TwitterIndia

Issue notice to one of the three Directors. Why send notice to me? There is some hidden agenda: Nagesh

#KarnatakaHighCourt #TwitterIndia

What is the allegation against Twitter India? Is it capable of removing the content? How does complainant connect Twitter India to this? Court asks

#KarnatakaHighCourt #TwitterIndia

Forget about IT Rules, 2021 for now. Look at criminal law. When I make an allegation against X for omission or commission, that must be mentioned. Is there anything to show that there omission by Twitter India? I must be capable of performing that act: Court

#KarnatakaHighCourt

You cannot level an accusation under Section 376 IPC (rape) against an impotent person: Court

#KarnatakaHighCourt #TwitterIndia

Replies of counsel for UP Police not audible

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Unless you can show Maheshwari was the one who uploaded the content or did not take it down, he is nobody: Court

#KarnatakaHighCourt #TwitterIndia

Was a preliminary investigation undertaken to ascertain whether Twitter India was capable of taking down the content? Court unsatisfied with UP Police replies.

#KarnatakaHighCourt #TwitterIndia

Nagesh resumes submissions. There is no crime registered under IT Rules, 2021. Only Sections 153 (giving provocation with intent to cause riot) and 153A (Promoting enmity between different groups) IPC have been invoked, he says.

#KarnatakaHighCourt #TwitterIndia

Nagesh goes into terms and conditions, which say that interaction is between user and Twitter, which is based in San Francisco, USA

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Allegation is that Twitter Inc and Twitter India did not take down tweets. Nagesh argues that even if the content was not taken down, it would not constitute an offence under Section 153 or 153A IPC

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Platform is being run by @Twitter USA. It is not some information that is guarded under Official Secrets Act: Court

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Counsel for UP Police says that investigation is in initial stages, so they dont have this information.

Are Articles of Association putting forth objectives and activities of the company not accessible to you? Court asks

#KarnatakaHighCourt #TwitterIndia

This is information available in the public domain. If IO says that information can only be extracted through interrogation, I don't know what to say You do not want to investigate this: Court

#KarnatakaHighCourt #TwitterIndia

@TwitterIndia and @Twitter are two separate entities. This is not in dispute. Don't mix up both: Court

#KarnatakaHighCourt #TwitterIndia

Who says Twitter India is an intermediary? For them to comply with IT Act and Rules, they have to be an intermediary. You cannot affirm this basic fact. First notice was issued on June 17, where are you now? Court

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Do you come under Section 79 of IT Act? Court asks Nagesh, who appears for @TwitterIndia

I am not an intermediary: Nagesh responds

#KarnatakaHighCourt #TwitterIndia

Matter adjourned. Court to resume hearing tomorrow at 3:45 PM

#KarnatakaHighCourt #TwitterIndia

[Ghaziabad Attack Video] Is Twitter India an intermediary? Does it have power to take down tweets? Karnataka High Court to UP Police

reports @adityaak90

@Uppolice #Twitter @Twitter #karnatakahighcourt @TwitterIndia @manishm

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