Thread by @barandbench

Karnataka High Court to continue pronouncing order on maintainability of plea filed by Twitter's Manish Maheshwari challenging notice issued to him by Uttar Pradesh Police in case related to Ghaziabad assault video

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Senior Advocate CV Nagesh reiterates that Twitter Inc does not hold shares in Twitter India. Shareholders in Twitter India are Twitter International Company (9,999 shares) and Twitter Ireland (1 share).

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Justice G Narendar continues pronouncing order.

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Nagesh submits that Supreme Court judgment in Navinchandra Majithia v. State of Maharashtra, relied upon by UP Police, is in favour of Maheshwari

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Maheshwari is not named as an accused in the FIR: Court notes

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It can be inferred that the investigating officer was conscious that Twitter Inc who could have controlled the presence of the video or the tweets on the platform: Court

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No arguments have been addressed by respondents on the merits of the matter. Arguments have centred around the jurisdiction of the Court to entertain petition: Court

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From the short narration above, what emerges is that the petitioner is not arrayed as accused, nor is it the case of the respondents that there is credible information regarding his guilt: Court

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In the absence of these, the question arises as to whether the respondent (UP Police) could have invoked Section 41A CrPC: Court

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In the absence of pre-conditions being met, the authority is divested of the power to invoke the statutory provisions: Court

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On reading of Annexure A in UP Police notice, the only ground which is basis for invoking Section 41A is that as per its information, Maheshwari was MD of Twitter India, and that Twitter India has the power to take down tweets in India: Court

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Court resumes dictation of order post lunch break.

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The crux appears to be the belief of the respondent that Maheshwari and Twitter India are capable of regulating content on the social media platform: Court

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It cannot be gainfully contended that Section 41A CrPC can be invoked in any and every situation: Court

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Not only failure of UP Police to secure information that is available in the public domain, but the ominous silence maintained on the merits of the matter and an attempt to coax the Court to scrap the petition on jurisdiction: Court

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It is not in doubt that the Section 41A notice itself threatens punitive action and deprivation of liberty, which is a fundamental right: Court

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It can be held that the invocation of Section 41A is without jurisdiction: Court

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The material placed by the petitioner, which remains uncontroverted, and which is available in the public domain, demonstrates that Twitter India is an independent entity and is controlled by Twitter International Company, which is in Ireland and Twitter Netherlands BV

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Petitioner works in advertising and market research. This canvasses the case that Twitter India has no control or authority over the content on the social media platform. As admitted by respondents, it is controlled by Twitter Inc

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Invocation of Section 41A was resorted to as an arm-twisting method after Maheshwari did not respond to initial notice under Section 160 CrPC: Court

Provisions of the statute cannot be permitted to become tools of harassment. UP Police has not placed even an iota of material to demonstrate even prima facie involvement of Maheshwari: Court

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It is held that writ petition is maintainable, in view of the finding that Section 41A was mala fides: Court

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Notice to Maheshwari to be treated as Section 160 notice and it is open to the investigation to seek more information from Maheshwari.

We are always willing to provide information: CV Nagesh

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BREAKING: Karnataka High Court holds that petition filed by Manish Maheshwari challenging Section 41A notice sent to him by UP Police is maintainable

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