HC summons trial court records on Yahoo's plea

Justice Suresh Kait directed the registry to produce the records of the trial court, matter listed for hearing in high court on March 1

PTI | February 23, 2012



The Delhi High Court on Wednesday allowed internet portal Yahoo India's plea for calling of the records of the trial court which has summoned it for allegedly hosting objectionable content.

A bench of Justice Suresh Kait directed the registry to produce the records of the trial court. The matter is listed for hearing in the high court on March 1.

"Registry of this court is directed to produce the records of the case in sealed cover," Justice Kait said.

Senior advocate Arvind Nigam, appearing for the website said no prejudice would be caused to any party as the matter is listed before the trial court on March 13.

Yahoo India has moved the high court challenging a lower court order summoning it for allegedly hosting objectionable content on its web pages. The high court, however, has refused to stay the criminal proceedings against Yahoo India.

Yahoo India had said 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.

The magisterial court had on December 23 issued summons to 21 websites for allegedly committing offences of criminal conspiracy, sale of obscene books and objects to young people.

The Centre had earlier filed a report before the lower court saying, there was sufficient material to proceed against the 21 websites for alleged offences of promoting enmity between classes and causing prejudice to national integrity.

Out of the 21 websites, Google India and Facebook India had also moved the high court against the magistrate's order, saying the summons be quashed as they did not commit any offence.

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