The Delhi Police on Thursday called social media platform Twitter’s statement flagging “intimidation tactics” by the police in India “mendacious”, or false, and aimed at impeding a lawful inquiry, The Hindu reported.

The firm had raised concerns about the intimidation tactics days after the Delhi Police Special Cell visited its office in connection with the Congress “toolkit” controversy.

A controversy started after Bharatiya Janata Party spokesperson Sambit Patra tweeted on May 18, alleging that the Congress had created a “toolkit”, or campaign material, to tarnish the reputation of Prime Minister Narendra Modi and the central government in connection with the management of the coronavirus crisis. Several BJP leaders, including the party’s National President JP Nadda, had amplified Patra’s tweet.

Fact-checking website AltNews found that the document was created on a fake Congress letterhead. The Congress has filed several complaints, claiming the documents were forged. Twitter marked some of the posts, including Patra’s, as “manipulated media”. Twitter has said it applies its “manipulated media” tag to posts “that include media (videos, audio, and images) that have been deceptively altered or fabricated”.

Condemning the social media giant’s statement, the Delhi Police said that it was investigating how Twitter declared Patra’s tweet as “manipulated media” and wanted it to join the inquiry to share the information based on which it came to the conclusion.

“Twitter has taken upon itself, in the garb of terms of service, to adjudicate the truth or otherwise of documents in public space,” the Delhi Police said. “Twitter Inc. is purporting to be both an investigating authority as well as an adjudicating judicial authority. It has no legal sanction to be either. The only legal entity, so empowered by the duly laid down law, to investigate is the Police and to adjudicate is the Courts.”

It added: “However, since Twitter Inc. claims to have material information basis which it not only ‘investigated’ but arrived at a ‘conclusion’, it must share that information with the Police. There should not be any confusion about this logical course.”

The entire conduct by Twitter Inc, including its Indian entity, in the last few days has been obfuscatory, diversionary and tendentious. There is one simple thing to do which Twitter refuses to do. That is, cooperate with the law enforcement and reveal to the legal authority the information it has.

Twitter, being a public platform, must lead by example in demonstrating transparency in its functioning which has a bearing on public discourse and should proactively bring clarity into what are subject matters of public domain.

Since the matter has been put in public domain, it is important to set the record straight on the tendentious statements made.

— Delhi Police

Earlier in the day, without directly referring to the Delhi Police’s search of its offices, the social media giant said, “We, alongside many in civil society in India and around the world, have concerns with regards to the use of intimidation tactics by the police in response to enforcement of our global Terms of Service, as well as with core elements of the new IT Rules.”

A spokesperson of the website said it was “concerned by recent events regarding our employees in India and the potential threat to freedom of expression for the people we serve”.

The Delhi Police also denied that it was conducting the investigation into the “toolkit” on the behest of the central government. The police registered a preliminary inquiry on a complaint filed by a Congress member, it said.

The statement claimed that the managing director of Twitter Communications India Private Limited was being evasive, instead of cooperating with the investigation. It said:

“Initially, TCIPL’s Managing Director stated in his response that he was merely a sales head, had no role whatsoever in any operations relating to content and thereby refused to join the inquiry. 

It is to be noted that TCIPL’s stance that it’s Managing Director is a mere sales head runs contrary to his very own previous press interviews wherein he elaborately discussed Twitter’s plan to devise methods to identify abusive/manipulative content. The above interview makes it clear, that Twitter India’s convoluted stance is similar to a deer caught in the headlights.”

— Delhi Police

The Delhi Police added that “the contrived fear mongering by Twitter is unfounded and misplaced.” Twitter India’s managing director was only served a notice to participate in the inquiry and not as an accused.

“Twitter’s latest statements are devised to seek dubious sympathy when they themselves not only refuse to comply with the law of the land but also claim to have material evidence but refuse to share it with legal authority,” the police added.

Meanwhile, the Centre on Thursday said that Twitter needs to stop “beating around the bush” and comply with the laws of the land. This came after Twitter said it was concerned about the “potential threat” to freedom of expression as India’s new social media rules came into effect.