This is a significant development after the new Information Technology Minister Ashwini Vaishnaw made it crystal clear within minutes of taking charge that “law of the land is supreme” and no one can afford to disrespect it.
WhatsApp’s counsel also accepted that its commitment is “we need to fit in the law”.
Senior advocate Harish Salve, representing WhatsApp, submitted before a bench comprising Chief Justice D.N. Patel and Justice Jyoti Singh, “We will not enforce it until the Data Protection Bill will come out. In our case the government is the administrator of the rules…we said okay, we will wait till the Bill.”
He added that his client replied to the ministry’s notice that WhatsApp will not limit functionality for some time and continue to show users the updated version. “We will maintain this approach until the Data Protection Bill comes into force. We have voluntarily agreed to put the update on hold till then,” submitted Salve.
He further added that if the Bill is enforced at a later stage, WhatsApp will conform to the parliamentary law. “If Parliament allows me to do it, I’ll do it. Otherwise, I won’t do it… The commitment is that I’ll not do anything if the parliamentary law comes…we need to fit in the law,” he said.
Senior advocate Mukul Rohatgi, representing Facebook, raised question on the jurisdiction of the Competition Commission of India to initiate inquiry while exercising suo moto powers. He added that the top court is already examining the 2016 policy, and there are three matters pending in the High Court.
A vacation bench of Justices Anup J. Bhambhani and Jasmeet Singh had said, “We do not consider it appropriate to stay the operation of impugned notice dated June 4, 2021 at this stage.”
The bench had said: “The notice has not been stayed by the division bench, and it would take substantial time for preparation of a report pursuant to the receipt of the information called-for by way of the impugned notice, which report would thereafter be forwarded to the Competition Commission of India (CCI).”