The Delhi High Court on Wednesday pulled up Twitter for delay in appointment of a Resident Grievance Officer as per New IT rules. “If Twitter thinks it can take as long as it wants in our country, that will not be allowed,” the court said.
In a related development, Twitter India MD Manish Maheshwari on Tuesday told the Karnataka High Court that he is ready to appear before the Uttar Pradesh Police in Ghaziabad within 24 hours, though the police will have to assure that he will not be arrested. The Karnataka High Court was hearing a plea filed by Manish Maheshwari against the notice issue to him by the Ghaziabad Police over tweets posted after a video of an elderly Muslim man being assaulted in Loni, Ghaziabad went viral on Twitter.
In the Delhi High Court, appearing for Twitter India, Senior Advocate Sajan Poovayya submitted that the social media giant was presently not in compliance with the IT Rules, 2021 as it did not have a Resident Grievance Officer. He stated that an interim Grievance Officer was appointed, but was removed on June 21.
“After 21 June, till July 6, the least you could have done was appoint another person. How long does your process take? If Twitter thinks it can take as long it wants in our country, I will not allow that,” the court said. Appearing for Centre, ASG Chetan Sharma submitted that “IT Rules came into effect in February 2021 after which three months’ time was granted. It expired in May and now we are in July where there is about 40 days delay in compliance of the rules”.
The Delhi High Court observed, “I’m not giving them (Twitter inc) any protection, you’re free to take any action you want.” Asked by the court to take a proper timeline from Twitter, Tweeter’s advocate requested a day as the social media giant’s headquarters are in the US.
“You better come up with a clear response or you will be in trouble,” the High Court responded, posting the next hearing to Thursday.
Meanwhile, appearing for Twitter India MD Manish Maheshwari, senior advocate CV Nagesh said: “If the court records the submission of the UP Police that they are not going to lay their hand upon me, then I am willing to appear before the police personally, provided they give an undertaking.”
UP Police has, however, questioned the High Court’s jurisdiction to hear the petition filed by Maheshwari. The First Information Report (FIR) was registered in Ghazaiabad and notices were issued to Maheshwari at Twitter’s Delhi and Mumbai office, the UP police said. Senior advocate CV Nagesh responded: “For a moment, it is not disputed that I am a resident of Bangalore. It is also not disputed that the establishment of ninth accused (Twitter India) is in Bangalore. We are not in Ghaziabad. Twitter India office is at RMZ Infinity, Bangalore. So jurisdiction is of Karnataka High Court.”
On 24 June, the court had passed an interim order restraining Uttar Pradesh police from taking coercive action against Manish Maheshwari pursuant to the notice issued to him under Section 41A of the Code of Criminal Procedure in the Ghaziabad FIR. The same has been challenged by the UP Police before the Supreme Court.