Shivani Pandey-
Observing that there was no urgency in the matter, the Delhi High Court on Friday adjourned till the August 27 hearing against a single bench order declining to interfere with the Competition Commission of India’s investigation filed by Whatsapp.
The Competition Commission of India earlier had ordered an investigation into the new privacy policy of WhatsApp, after making a prima facie observation that it was violative of the Competition Act 2000.
The CCI noticed that the new privacy policy terms of Whatsapp were neither fully transparent nor based on the specific, voluntary consent of users.
A Division Bench of Chief Justice DN Patel and Justice Jyoti Singh granted the request made by Advocate Samar Bansal, representing the CCI, seeking accommodation for ASG’s appearance in the matter.
Senior Advocates Harish Salve and Mukul Rohatgi, appearing for Whatsapp and Facebook had stated that they have no objection to an adjournment if the time to respond to the notices is extended.
“If parliament allows me to do it, I’ll do it. Otherwise, I won’t do it. It has become academic now. The commitment is that I’ll not do anything if the parliamentary law comes. When such law is made, we need to fit in the law,” Salve submitted.
Rohatgi appearing for Whatsapp had argued that there was protruding of issues before the apex court, the High Court and the CCI judging the matter was hence impinging on Constitutional matter.
Suo moto Jurisdiction is to be sparingly exercised by a body like CCI. The Supreme Court is already examining the 2016 policy.
There are three matters pending in the Delhi High Court. The question is even assuming there is suo moto Jurisdiction, can it be exercised when superior constitutional courts are examining the policy?” Rohatgi questioned.
Read more: WhatsApp voluntarily holds Updated Privacy Policy till Data Protection Bill takes effect