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Wednesday, July 18, 2018

High Court dismisses case against Yahoo

Justice Suresh Kait set aside the summons issued to Yahoo,while allowing the plea of the website that the lower court wrongly issued the summons.

Written by Express News Service | New Delhi | Published: March 3, 2012 2:13:17 am

The Delhi High Court on Friday quashed criminal proceedings against Yahoo India,summoned with 20 other websites by a magisterial court to face trial for allegedly hosting objectionable content on web pages.

Justice Suresh Kait set aside the summons issued to Yahoo,while allowing the plea of the website that the lower court wrongly issued the summons. It,however,said a private complaint,filed by journalist Vinay Rai,against the website can be revived if credible and actionable pieces of evidence are filed against it.

Advocate Arvind Nigam,appearing for Yahoo India,had argued that there were no documents to support Rai’s allegation. He argued that the magistrate had been casual in issuing the summons and should have considered the material on record first.

“It is a case where summons were issued without application of mind by the trial court as there was no material against me (Yahoo India),” he said. Yahoo India had on January 20 approached the HC,stating that the complaint and the order dealt with alleged objectionable material retrieved from various websites,including Zombie,Orkut,YouTube,Facebook,Blogspot,but no material was retrieved from Yahoo.

“I am not a social networking site like the other accused in the case. I only provide email and chat services. No objectionable material was attributed to me and my case is different from the others,” Nigam argued.

The magistrates’ court in Patiala House had on December 23 issued summons to 21 websites for allegedly committing the offences of criminal conspiracy and sale of obscene books and objects to young people.

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