The Karnataka High Court on Tuesday said that it will dictate its order in the plea filed by Twitter India managing director Manish Maheshwari against the Uttar Pradesh police on July 20, 2021 in Loni assault case. The court was expected to dictate its order today, however it was deferred by the Justice G. Narendar
On July 8, Manish Maheshwari had asked the Karnataka High Court to quash a notice issued by the Uttar Pradesh police seeking his physical presence in connection with the case and alleged that there seems to be a hidden agenda in summoning him.
The UP police had registered a case against Maheshwari after users of the social media platform uploaded and circulated a “communally sensitive” video that showed an elderly Muslim man being assaulted in the Loni area of Ghaziabad district.
The Twitter India MD told a single bench of Justice G Narendar through his counsel that the notice under Section 41-A of the CrPC (which speaks of an offence being committed) was “without jurisdiction, without the sanction of law”. He pointed out that the first notice was issued on June 17 under Section 160 of the CrPC.
Maheshwari pointed out that the legal obligation under Section 160 of the CrPC is based upon a person residing at a place located within the territorial jurisdiction of the police station where the crime is registered.
In written submissions to the Karnataka High Court, the police said since the company data disclosed the names of three directors and none of them resided within India, they issued a notice to the petitioner in representative capacity as he is the managing director of Twitter India.
The Twitter India MD was told to appear before Loni Border police station in Ghaziabad, UP, at 10.30 am on June 24 to assist in the investigation of a case registered for offences punishable under Section 153, 153A, 295A, 505, 120 (b) and 34 of IPC.
For the uninitiated, the Loni assault video, which went viral on social media, reportedly shows a Muslim man alleging that he was assaulted and forced to chant "Jai Shri Ram", with the miscreants also chopping his beard off. Although the Uttar Pradesh police has ruled out any 'communal angle' in the case, an FIR was registered over offenses insinuating criminal conspiracy and enmity between religious groups.