Karnataka HC allows UP Police to probe Twitter India MD in Ghaziabad Fake Hate video case

In a new development in the Twitter India MD's interrogation in the Ghaziabad fake hate video case, the Karnataka High Court on Friday said Ghaziabad Police can interrogate Twitter India MD Manish Maheshwari under section 160 of the CrPC. The Karnataka High Court had earlier restrained the Uttar Pradesh Police from taking any coercive action against the microblogging site's top employee in India in the Ghaziabad hate video case.

As per the Karnataka High Court's judgement on Friday, the Ghaziabad Police can interrogate Manish Maheshwari but it still cannot arrest him. Ghaziabad Police had issued summons to the Twitter India MD to join the probe in person, however, Maheswari had sought a virtual meeting. The request was turned down by police following which Maheshwari moved the Karnataka High Court.

Justice G Narendra who was hearing the case passed a judgement which says that Ghaziabad Police can summon him under section 160 of CrPC but not under section 41A. Section 41A allows police to question the suspect or accused and if the suspect doesn't cooperate then it can arrest him.

Ghaziabad Fake Hate Video and Twitter

The case pertains to the Ghaziabad fake hate video in which some prominent personalities claimed on Twitter that an old man Abdul Samad Saifi was assaulted in Uttar Pradesh with his beard being forcibly cut and was also asked to chant slogans of Jai Shri Ram. Calling them out for giving a communal spin to the incident, the police stressed that Twitter and Twitter India did not take any steps to remove the contentious tweets. The case in question was registered at the Loni Border Police Station on June 15.

An investigation by Republic TV showed how the Ghaziabad Police had been replying to each and every tweet that made to proliferate the fake communal angle alleged in the incident. However, they apparently received no assistance from Twitter. None of the posts they responded to was tagged as 'manipulated media', while the fake news vastly outnumbered the multiple clarifications by the cops.

Cases were filed against Twitter in Ghaziabad and Madhya Pradesh and Delhi in connection with tweets on the alleged assault on a Muslim man and the issue of child pornography. Twitter was booked under Sections 34 (common intention), 120-B (criminal conspiracy), 153 (provocation with intent to cause riot), 153-A (promoting enmity on grounds of religion), 295-A (deliberate act to outrage religious feelings) and 505 (statements conducing to public mischief) of the IPC.

The microblogging platform lost its 'safe harbour' immunity owing to its non-compliance with the IT rules 2021 which came into effect on May 25. After much delay, Twitter appointed an interim chief compliance officer and a grievance redressal officer as required by the new IT Rules.