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Monday, 19 March 2012
Delhi Court quashes charges against Microsoft India
NEW DELHI: The Delhi
High Court Monday
quashed charges of hosting
objectionable content
against Microsoft India and
set aside a trial court order
for initiating criminal proceedings
against the company
for lack of evidence.
Setting aside the proceedings,
Justice Suresh Kait
said:
“There is no evidence on
record against the petitioner.
Justice Kait accepted
the company’s plea that
Microsoft was not providing
a platform to people to
interact with each other and
post or publish their views,
but one engaged in development
and sale of software
and computing solutions.
The company’s counsel
told the court that no defamatory
material was posted on
its websites, and Microsoft
India is not a social networking
site or search engine.
The move came as Microsoft
India approached the
high court, challenging the
trial court’s order initiating
criminal proceedings against
it for hosting “obscene and
derogatory content”.
The high court also gave
the complainant Vinay Rai
liberty to fi le a fresh complaint
if any credible piece of
evidence was found against
the company. The company
in its petition submitted that
there is not even an iota of
evidence against the Microsoft
India. “Still no offence
whatsoever is disclosed
against the company.”
“The complaint is wholly
false and malicious and has
been lodged with an ulterior
motive to cause harassment
and to blackmail the company
and other offi cers of the
company,”
the petition said while
seeking quashing of proceedings
against it.
Rai had approached the
trial court to remove objectionable
content from 21
websites, including Microsoft,
Facebook, Google, Yahoo
and YouTube. Among
these, 12 websites are of
companies based abroad.
Metropolitan Magistrate
Sudesh Kumar had summoned
the companies to
face trial for allegedly committing
offences punishable
under the Indian Penal Code
sections 292 (sale of obscene
books and material) and 293
(sale of obscene objects to
young persons).
The trial court observed
that the material submitted
by the complainant contained
obscene pictures and
derogatory articles pertaining
to Hindu deities, Prophet
Muhammad and Jesus
Christ
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