A bench of Chief Justice D N Patel and Justice Prateek Jalan said “none of the issues in the petition have been flagged before the Union of India” and the plea was made on claims of a Member of Parliament and news reports in the public domain.
The bench also noted the contention of Additional Solicitor General Chetan Sharma that the petitioner should first approach the executive with her grievance before moving the court.
It allowed the petitioner, Sangeeta Sharma, to withdraw the plea to move an appropriate representation before the central government.
The petition, filed through advocates Desh Ratan Nigam and Awanish Sinha, had sought lodging a case against Twitter and its representatives in India under the Unlawful Activities (Prevention) Act, the provisions of IPC dealing with sedition and waging war against the country and under the Information Technology Act.
The petition had also sought an enquiry by the National Investigation Agency (NIA) into the matter as the persons allegedly promoting the messages in relation to Khalistan are from outside the country.
It had also sought that the revenue generated by Twitter from India should be taxed here and a direction that it share its source code with the Indian government.
The plea has contended that some “promoted handles” on Twitter’s platform were being allegedly used for promoting an agenda for a separate Khalistan.