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The Delhi High Court today adjourned till July 9, 2021 the plea by WhatsApp & facebook, against the single bench order dismissing the petition challenging the CCI’s order for probe against WhatsApp’s new privacy policy.
The vacation bench comprising Justices Anup Jairam Bhambhani and Jasmeet Singh said that since the matter was being heard by the Chief Justice’s bench, it would not go into the merits of the case and suggested that all the connected matters in the case be heard by the Chief Justice’s bench which has listed the matter for hearing on July 9, 2021.
Senior Advocate Harish Salve appearing for WhatsApp said that the reason why they had approached the Court was because of the notice issued by the CCI on June 4 seeking information from WhatsApp. Salve submitted that the matter was listed for hearing on June 4 but the bench did not assemble pursuant to which the CCI issued notice to WhatsApp in the evening of June 4.
Senior Advocate Mukul Rohatgi appearing for Facebook submitted “the CCI started a Suo motu proceeding without any complaint and we went to the Court saying that two independent courts (Supreme Court and Delhi High Court) superior to the CCI is examining the case… The Supreme Court is now examining the matter in Karmanya’s case... This policy was challenged in the SC however it agreed to examine the case despite the High Court hearing the case. So it is not required for CCI to examine the matter.”
Rohatgi further submitted “It is not correct to say privacy has a role, I am answerable to my client as in the Puttaswamy’s case. The timing is very sinister. The matter was listed on 4th of June but the bench did not sit. The case is now listed on 9th July. Now on 4th itself they shoot this letter. Look at the number of questions, everything will become infructuous. Why did they wait till evening of 4th June? What is the problem waiting till 9th July?”
Hearing the Counsels, the bench questioned ASG Aman Lekhi appearing for CCI whether it was necessary to take precipitate action until the matter was heard on July 9th?
ASG Lekhi submitted that even if they comply with the notice of CCI, there is no question of precipitate action until a report is submitted by the Director General (DG) to the Commission.
On Instructions Lekhi submitted that WhatsApp may file the information sought by the CCI but the report will not be submitted till 9th by the DG but it will only process the report and will be submitted before the Commission after 9th. Till then no precipitate action will be taken.
The bench however said that it will not pass the order in open Court. Order expected to be available on the website today.
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