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UP police notice without jurisdiction: Twitter counsel tells Karnataka HC

He argued that the petitioner will appear before the police virtually, if they still want him to.

Published: 09th July 2021 05:33 AM  |   Last Updated: 09th July 2021 05:33 AM   |  A+A-

Manish Maheshwari

Twitter India MD Manish Maheshwari (Photo| Facebook)

By Express News Service

BENGALURU: Justifying their action in approaching the Karnataka High Court against the Uttar Pradesh Police notice, over a case registered with regard to the upload of a ‘doctored’ video allegedly to promote enmity between different groups, the counsel for Twitter India Managing Director Manish Maheshwari argued that the notice was issued without jurisdiction and authority of law.

However, the counsel of UP Police filed written arguments, stating that the petitioner himself claims to be the “country leader at Twitter” on various social media platforms, including LinkedIn, and hence, no infirmity can be found with the issuance of notice by the police. 

Defending the petitioner’s action, Senior Advocate CV Nagesh submitted before Justice G Narendar, reiterating the petitioner’s apprehension that he would be arrested if he appears before the UP Police. He argued that the petitioner will appear before the police virtually, if they still want him to. He made this submission when asked on what ground the petition was filed before this court to quash the notice, dated June 21, 2021, issued to Maheshwari by the UP Police under Section 41A of CrPC.

UP cops: Twitter India MD can approach Allahabad HC

Meanwhile, Advocate P Prasanna Kumar, representing UP Police, submitted the written arguments before the court, stating that if the petitioner freely apprehends arrest at the hands of the police, he may seek for anticipatory bail before the Allahabad High Court. “Without seeking any such remedy, and directly approaching this court indicates the malafides of the petitioner,” said the written arguments. 

The offence of creating communal discord has been committed within the territorial jurisdiction of Loni Border Police Station, Ghaziabad, and the territorial jurisdiction would be solely vested with the High Court of UP alone, the UP Police claimed.

Referring to the ground taken by the petitioner that he is a resident of Bengaluru, and hence, he has approached the Karnataka HC, it was stated in the written argument that the question of law has already been determined by the Supreme Court that ground of residence of the petition as a means to invoke writ jurisdiction of this HC is devoid of merits. 



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