Yesterday, reports about Microsoft India making a stunning exit from the ongoing objectionable content lawsuit, began doing the rounds, after the presiding judge observed that unlike the others accused in the case, Microsoft India was not a social networking site; and instead fined the petitioner. Now, close on its heels, reports about the Delhi HC dismissing the lower court summons issued against Yahoo! India Pvt. Ltd., citing lack of credible evidence against the popular e-mail and chat service have surfaced, reports The Economic Times. According to the report, Justice Suresh Kait who was overlooking the proceedings of the case, was quoted as saying, “The summons issued against Yahoo India is set aside.” Additionally, it has also been reported that the court rejected the plaintiff's plea, which stated that “sufficient evidence can be filed later at a pre-charge stage”, on the grounds that at the time of issuing a summon there was no credible evidence against Yahoo! India Pvt.Ltd.
Arvind Nigam, Yahoo! India's counsel was also quoted as saying that there were no documents against the company, which could qualify as supporting evidence against them. The court, reportedly is of the opinion that a private complaint could still be looked into, if credible evidence was present against them. In a statement given to ET, SPM Tripathi, advocate for Vinay Rai stated that, “We have the right to seek remedy in a higher court if we want.“
Yahoo! India Pvt.Ltd is among the 20 accused social networking websites in the ongoing objectionable content lawsuit. Yahoo!, however, has been pitching itself as an exception, since unlike the other social networking websites, they are an e-mail and chat service. The court, however, thinks otherwise. In one of our earlier reports, we had quoted Arvind Nigam, Yahoo! India's counsel as saying, “I am not a social networking site like other accused in the case. I only provide email and chat services. Moreover, no objectionable material has been attributed to me and hence my case is different from others.” However, to this, Justice Suresh Kait replied, “Then why you have been made an accused?“
Now, with the Delhi HC dismissing a summon issued by a lower court against Yahoo! India Pvt.Ltd., can we expect the noose around it to loosen?