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UP Police Notice Under Section 41A CrPC Without Sanction Of Law : Twitter India Chief To Karnataka High Court
Mustafa Plumber
8 July 2021 4:41 PM GMT
The counsel of Manish Maheshwari, Managing Director of Twitter Communications India Private Ltd(TCIPL), on Thursday submitted before the Karnataka High Court that he did not hamper the investigation being carried out by the Uttar Pradesh Police but only informed his inability to personally visit the police station and record his statement when notice was issued to him on June 17,...
The counsel of Manish Maheshwari, Managing Director of Twitter Communications India Private Ltd(TCIPL), on Thursday submitted before the Karnataka High Court that he did not hamper the investigation being carried out by the Uttar Pradesh Police but only informed his inability to personally visit the police station and record his statement when notice was issued to him on June 17, under section 160 of Criminal Procedure Code (CrPC).
Senior Advocate CV Nagesh appearing for Maheshwari continued making his submissions before Justice G Narender.
"There is a legal obligation that is cast upon a witness to attend police station who is within jurisdiction of the police under section 160 CrPC. However, there is an exception to this. Notice cannot be given to a certain class of persons and it is a protection given to a person residing outside the territorial jurisdiction of the police station", he argued.
Further he submitted there is a proverbial saying "If Mohammed can't go to the mountain, mountain has to come to Mohammed." Thus a police officer has to come to Bengaluru to investigate the matter under section 160 CrPC as Maheshwari is a resident of Bengaluru.
Referring to the first notice issued to Maheshwari on June 17 and his response to the same, it was submitted that "I did not hamper the investigation. I said I cannot come personally investigate me virtually. But he (police) did not do it because there is a hidden agenda," Nagesh said.
To a query of the court whether issuance of notice under section 160 CrPC can preclude police from issuing notice under Sec 41A, Nagesh said "If it would have been a notice under Sec 41A without issuing notice under Sec 160 CrPC it would have been different."
He reiterated that "If I (Manish Maheshwari) do not fit into the classification to whom notice under Sec 41A. I would respectfully submit that this is an act without sanction of law. I am employed in Bengaluru and my establishment is here. I am entitled to invoke writ jurisdiction of this court."
The petitioner has challenged the Section 41A notice issued to him by the police in a FIR related to Ghaziabad video.
The notice under Section 160 CrPC is issued to a witness; whereas the notice under Section 41A CrPC is issued for appearance in lieu of arrest.
The hearing will continue on Friday. The High Court had earlier restrained Uttar Pradesh Police from taking coercive action based on the notice.
