Tools of harassment: UP police notice quashed by HC, relief for Twitter MD ManishMaheshwari
In the Twitter MD Manish Maheshwari case, Karnataka HC said that provisions of the statute under Section 41(A) CrPC should not become tools of harassment.
In what will come as a huge relief for Twitter India Managing Director Manish Maheshwari today, the Karnataka High Court quashed the UP police notice seeking his personal appearance. Justice Narendar said Ghaziabad police did not place any material which would demonstrate even the prima facie involvement of the petitioner, though the hearing has been going on for the past several days. Justice Narendra said that the provisions of the statute under Section 41(A) CrPC should not be permitted to become tools of harassment.
The UP police notice was issued to Twitter India MD, seeking his personal appearance as part of its probe into a communally sensitive video uploaded by a user on Twitter platform, saying it was issued by malafide.
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Justice G Narendar said that the notice under Section 41(A) CrPC should be treated under Section 160 of CrPC, allowing Ghaziabad police to question Maheshwari through virtual mode, at his office or his residential address in Bengaluru.
"In the background of the fact that section 41(a) notice was issued by malafide, the writ petition (filed by Maheshwari seeking quashing) is maintainable. Accordingly, the notice under section Annexure A notice shall be read as section 160 of the CrPC," the Karnataka High Court said.