The FIR was registered over the tweets made by few journalists and politicians about the incident of an elderly Muslim man getting assaulted near Ghaziabad. It was alleged in the FIR that fake news was shared in Twitter that the attack was communal in nature.
The Karnataka High Court restrained the Uttar Pradesh police from taking coercive action against Manish Maheshwari, an employee of Twitter and notice issued to him under sec 41A of Crpc.
A single bench of Justice G Narender passed the interim order in a writ petition filed by Maheshwari under Article 226 challenging the UP police notice.
The bench stated in the order that Prima facie the petitioner is apprehending deprivation of liberty and there will be interim orders restraining respondents to take coercive action aaginst the petitioner.
In the meanwhile, the High Court said that, if the police desires to examine the petitioner, they may do so in the virtual mode.
Submissions on behalf of Twitter India employee:-
Senior Advocate Nagesh submitted that the petitioner was not a member of board of directors of the company and was only the revenue head looking after advertisement sales.
Maintainability of writ petition questioned by respondent :-
Advocate Prasanna, appearing for the respondent, objected to maintainability of the writ petition raising the issue of lack of territorial jurisdiction.