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New Delhi: In a major relief for Yahoo India, the Delhi High Court on Friday stayed the personal presence summons issued to its chief by the Patiala House Court. The Patiala House Court had issued summons to all the 21 websites involved in the objectionable content case to appear before court on March 13.
Facebook and Google have already got the summons stayed.
"The summons issued against Yahoo India is set aside," Justice Suresh Kait said while allowing the plea of the website that the lower court wrongly issued the process against it, without attributing any specific role to it.
The court, however, said that a private complaint, filed by a scribe Vinay Rai against the website, can be revived if credible and actionable pieces of evidence are filed against it.
Senior advocate Arvind Nigam, appearing for Yahoo India, said that there were no documents to support Rai's allegation against the website for violation of any provision of law.
Nigam said that the magistrate should not be casual in issuing the summons and should consider the material on record.
"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.
"I wish to know what is the case against me," he added.
Yahoo India Pvt Ltd, on January 20, had approached the high court challenging the summons issued to it by the trial court for allegedly hosting objectionable content.
Yahoo India had said that the complaint and the order of the magistrate dealt with alleged objectionable material retrieved from various websites including Zombie, Orkut, Youtube, Facebook, Blogspot and none of them pertained to
Yahoo.
(With additional inputs from PTI)
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