Will appear before UP cops if no arrest guaranteed, Twitter MD tells court

Won't allow Twitter to take its own time to appoint resident grievance officer, says Delhi HC judge

Twitter India’s Managing Director Manish Maheshwari said he’s ready to appear before the Uttar Pradesh Police, provided that they guarantee they won’t arrest him. 

He reportedly made these remarks while addressing the Karnataka High Court in a plea against the notice issued to him by the police over tweets posted of an elderly Muslim man being assaulted in Ghaziabad.  "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," he told the court through his counsel CV Nagesh.

He also argued that he is “just an employee of Twitter”. "The police can't name me as the person representing the company. Only the company can," he argued.

The Karnataka High Court also slammed the UP Police for not ascertaining basic facts in connection with the FIR against Maheshwari. 

The court has adjourned the matter and will it hear it in the afternoon today. 

Earlier in the day, the Delhi HC directed Twitter to inform it by July 8 as to when it will appoint a resident grievance officer (RGO) in compliance with the new IT Rules after the microblogging platform submitted that it was in the process of doing so. Justice Rekha Palli took exception to the fact the court was not informed that the earlier appointment of the RGO was only on interim basis and he has already resigned. The high court pointed out that only an interim RGO was appointed by Twitter and a wrong impression was given to the court on May 31 as it was not informed that the appointment was on interim basis.

"If he went away on June 21, the least Twitter could do was to appoint another officer in these 15 days since you knew that this matter was coming up for hearing on July 6. We are concerned with the issue of compliance. How long does your process take? If Twitter thinks it can take as long as it wants in my country, I will not allow that,” the judge said.

Senior Advocate Sajan Poovayya, representing Twitter, said though Twitter is in process of making the appointment, it was true that as on date there is no chief compliance officer, RGO and nodal contact person.

“So as the court said yes Twitter is not in compliance with rules as of now. But it is in the process of appointing the officer. When an intermediary is not in compliance with rules, it loses safe harbour protection. It is indeed that Twitter should and Twitter will comply with the rules. Please grant a reasonable time,” he said.Additional Solicitor General Chetan Sharma, representing the Centre, said the rules were notified on February 25 and three-month window was given to the intermediaries to comply with the rules, which has expired on May 25.

“We are on July 6. It is a 42-day complete non-compliance. They are most welcome to do business in India. But this attitude is cock a snook at the digital sovereignty of this country,” he argued.