The High Court of Karnataka has cautioned Facebook (Meta) that it may be compelled to cease its operations in India unless it cooperates fully with the ongoing police investigation concerning a fake profile.
An Indian national named Shailesh Kumar, hailing from Mangaluru, is currently imprisoned in Saudi Arabia due to an allegedly derogatory Facebook post about the king and Islam. His wife, Kavitha, has lodged a complaint with the local police, claiming that a fake profile of her husband was used to publish the offensive message.
Kavitha approached the high court after the police failed to complete the investigation regarding the fake profile. The hearing of her petition, originally filed in 2021, took place on Wednesday before Justice Krishna S Dixit.
On June 12, the High Court had already instructed the Mangaluru city police commissioner to explain the significant delay in concluding the investigation when a citizen of India is languishing in a foreign prison after being convicted, claiming that his Facebook account was hacked.
Both the police commissioner and the investigating officer appeared before the High Court on Wednesday.
In her police complaint, Kavitha mentioned that Shailesh had been working in Saudi Arabia for 25 years. He had shared a post in support of the Indian Government’s Citizenship Amendment Act (CAA) and the National Register of Citizenship (NRC). Following this, he allegedly received a threat call and subsequently deleted his account.
Later, some individuals created a fake account in Shailesh’s name and posted a derogatory message targeting the Saudi king and Islam, leading to his arrest, trial, and 15-year imprisonment in Saudi Arabia. Based on the information provided by Shailesh, his wife filed a police complaint regarding the fake profile.
During the hearing, the police commissioner informed the High Court that the investigation has been delayed due to Facebook’s lack of cooperation.
When questioned by the High Court, Facebook’s counsel claimed to have no information regarding the exact location of the incident.
In response, the High Court warned that it may order the closure of Facebook’s operations if it fails to cooperate with the investigation. The counsel requested one week’s time to provide the required details. The High Court adjourned the hearing until June 22, instructing Facebook to submit a detailed report and relevant information. Meta, the parent company of Facebook, was brought in as a party to the petition on May 29, 2023.
The High Court also directed the Union government to explain the actions taken to secure the Indian national imprisoned in a foreign country due to a false case.
The court’s June 12 order stated, “The Union Government should also provide a statement, based on sealed records, regarding the well-being of the concerned citizen, including whether he received legal assistance in a foreign country and whether the trial proceedings adhered to international fairness standards in criminal law.”
The Union government was warned by the High Court that failure to provide the requested details may result in the personal appearance of the concerned secretary of the Department of Foreign Affairs before the court.
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Omprakash Tiwary is a business writer who delves into the intricacies of the corporate world. With a focus on finance and economic landscape. He offers readers valuable insights into market trends, entrepreneurship, and economic developments.
