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SC refuses to entertain WhatsApp-Meta pleas against CCI probe into privacy policy

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The Supreme Court on Friday upheld the Delhi High Court order, which dismissed the appeals filed by WhatsApp and Facebook (now Meta) challenging a single judge bench order refusing to stay the Competition Commission of India’s (CCI) probe into alleged abuse of dominant position practices by WhatsApp in connection with its 2021 privacy policy.

Senior advocate Kapil Sibal, representing WhatsApp, submitted that the Personal Data Protection Bill is coming and the Solicitor General told the Constitution bench to hear privacy policy matter in January. He said, “if a constitutional court finds that my policy is okay and consistent with the law, this cannot go on.”

Sibal contended before a bench comprising Justices M.R. Shah and Sudhanshu Dhulia that how can they probe in the meantime, while the issue of the privacy policy is pending? He added, “We’re saying don’t let the CCI pass final orders till this court’s order comes”.

The bench said the CCI is an independent body and the question is if your conduct is contrary to the Competition Act, correct? It added, “We can observe that contentions be kept open by CCI”.

Additional Solicitor General N. Venkatraman submitted that data qua the 2021 policy is with WhatsApp, and it is being used in a dominant way for their ads, resulting in possible abuse. The concentration of data with a particular company results in abuse, he added.

Sibal said WhatsApp has a privacy policy, individual’s data is not shared and if I want to book a ticket, I use a business app, and the person I book with can share it. “WhatsApp is not sharing”, he said, adding that this is applicable to every platform in the country and also the Indian apps.

After hearing arguments, the top court said the CCI is an independent authority to consider any violation of the provisions of the Competition Act of 2002, and no interference is required by this court in the high court order.

The bench added that when proceedings are initiated by CCI, it cannot be said that it’s without jurisdiction, and the CCI cannot be dissuaded from investigation and alleged violation of Competition Act, 2002.

Dismissing the petitions, the top court said any observations of the high court in proceedings are to be treated as tentative and prima facie, and the matter is to be considered on its own merits.

In August this year, the Delhi High Court dismissed the appeals filed by WhatApp and Facebook (now Meta) challenging the single judge bench’s order which had refused to stay the Competition Commission of India’s (CCI) last year’s order.

National News

BJP’s Pradeep Bhandari slams Cong after Dalit woman MLA attacked in Kerala

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New Delhi, Sep 5: Bharatiya Janata Party (BJP) National Spokesperson Pradeep Bhandari on Saturday lashed out at the Congress, accusing it of being “anti-Scheduled Caste” and “anti-women” after a Dalit woman MLA of the party was allegedly assaulted by Congress’ own workers in Kerala.

Posting a video of the purported incident on his official X account, Bhandari took a jibe at the grand old party, saying: “Congress smashing the patriarchy in Kerala.”

The BJP leader was referring to Lok Sabha Leader of Opposition (LoP) Rahul Gandhi’s ‘Smash the Patriarchy’ remark at his ‘Chhatron ki Goonj’ event in Pune.

“Their own Dalit woman MLA, Remya Haridas, attacked by own Congress workers,” Pradeep Bhandari said.

Accusing the grand old party, the BJP leader also added: “Congress is ‘Anti-SC’, ‘Anti Women’!”

Earlier on Saturday, BJP MP Sudhanshu Trivedi had also targeted Rahul Gandhi’s ‘Smash the Patriarchy’ remark, while referring to the low number of women Ministers in states ruled by the Congress and the removal of a woman Minister (Konda Surekha) from the Telangana Cabinet.

“By shouting ‘Smash Patriarchy, Smash Patriarchy’, they (Congress) are removing women Ministers one by one. On the other hand, highest number of women Ministers in India’s history are serving in Prime Minister Narendra Modi’s government,” Trivedi said during a press conference.

During the ‘Chhatron ki Goonj’ event in Pune on August 22, Rahul Gandhi had called women as the greatest strength of the nation.

“You are this country’s foundation, its future. Patriarchy crushes you, frightens you, controls you. We must work together to dismantle this patriarchy. Smash the patriarchy. My message to you, a simple message: be loud, be proud and fight for your space in society,” the Lok Sabha LoP said.

He asserted that women do not belong to anyone but themselves and urged young women to “break the cage”.

Rahul Gandhi added that while many view the economy or the military as India’s main strength, he believes the nation’s biggest asset lies in the ideas and dreams of its 70 crore women.

He emphasised that women naturally possess higher sensitivity, gentleness, and empathy.

Moreover, the Congress MP had criticised traditional frameworks like Manusmriti for confining women to rigid roles (such as solely being identified as a daughter, wife, or mother), saying: “Women do not belong to any man; you belong only to yourselves.”

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Crime

Nishu Azad case: Delhi court sends Swatantra Bharadwaj to one day police custody

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New Delhi, Sep 5: Self-styled “influencer” Swatantra Bharadwaj, who claimed to have physically assaulted a student protestor’s father during the Cockroach Janta Party (CJP)-led Jantar Mantar demonstration, was sent to one day police custody on Saturday after being arrested by the Delhi Police.

A day earlier, Bharadwaj was detained by Delhi Police in Uttar Pradesh’s Bulandshahr district.

On Friday, Delhi Police had assured to arrest the accused under sections of the POCSO Act, the SC/ST Act and attempt to murder, within 72 hours, following an agitation by the CJP outside the Parliament Street Police Station in New Delhi.

The CJP’s agitation was also joined by Azad Samaj Party chief and MP Chandra Shekhar, Purnea MP Pappu Yadav and Indian Youth Congress.

A controversy erupted after Bharadwaj, in a purported viral video, allegedly claimed to have assaulted the father of a minor protester, Nishu Azad, during the demonstration at Jantar Mantar and boasted that he was let off by the Delhi Police as he has “political connections”.

The agitators had sought the registration of an FIR against Swatantra Bharadwaj, under stringent sections and immediate arrest of the accused.

Meanwhile, Union Minister and LJP-RV chief Chirag Paswan, on Friday, claimed that his name has been “misused” by the accused in the purported viral video.

Paswan said that he has lodged an official complaint against the accused, identified as Swatantra Bharadwaj, and will ensure justice to the minor victim and her family.

“Understanding the seriousness of this matter, and because that person has misused my name along with the names of several politicians, I have filed an official complaint against him. At the same time, I have urged the Delhi Police that there should be a fair investigation into this matter,” he told reporters in Patna.

Moreover, the LJP-RV chief stated: “Me and my party takes the responsibility to ensure justice to them because allegations have been put on me that may be due to my support, along with that of other politicians; action was not taken against the accused. So now we will ensure that the truth comes out and also ensure strict punishment for the accused who was openly mocking the legal system.”

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National News

Does constitutional guarantee of religious freedom no longer apply to Muslims: Owaisi on Saharanpur mosque demolition

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New Delhi, Sep 5: AIMIM President, Asaduddin Owaisi, on Saturday reacted to the demolition of a mosque at the Saharanpur Collectorate, questioning whether the constitutional guarantee of freedom of religion still applies to Muslims. He further said that “you cannot bulldoze our masjid just because you have an itch.”

Owaisi took to his social media ‘X’ and said, “The mosque in the Saharanpur Collectorate was demolished at 5 a.m. this morning. Does the constitutional guarantee of freedom of religion no longer apply to Muslims? Why is it that our places of worship are constantly bulldozed on flimsy grounds.”

“The mosque committee produced records going back to 1911 to establish its existence. Prayers have been offered there continuously for more than a century. This is the very definition of Waqf by User, which is still protected as Waqf under law,” he said in the post.

AIMIM President further said that the Limitation Act does not ordinarily allow the Government an unlimited period to wake up one fine morning and assert possession over immovable property.

He further said that the mosque came first, the collectorate later.

“There was more than a century of open, continuous and public possession? The State cannot pretend that this possession began yesterday, hence the principle of adverse possession would apply even if we concede to the state’s arguments. The mosque came first, the collectorate later,” he said.

Owaisi said that for some people, perhaps the very sight of a mosque causes pain.

“For some people, perhaps the very sight of a masjid causes pain. That is their problem, not ours. Look away if you must. You cannot bulldoze our masjid just because you have an itch. My religious freedom is not dependent on your mercy,” he added.

Meanwhile, the administration on Saturday demolished the mosque located within the Collectorate complex in Saharanpur, Uttar Pradesh, after the Muslim side’s appeal was rejected by the court.

Samajwadi Party MP, Iqra Hasan, was scheduled to travel to Saharanpur on Saturday morning, but she was placed under house arrest before she could leave. A large police contingent has been deployed outside her residence.

The development has further intensified the political debate in western Uttar Pradesh.

Speaking to media, Congress MP Imran Masood said, “Look, it’s not just about the mosque. It’s not just the mosque that has been affected; the law of the country and the Constitution are being violated. You cannot prove that the land belongs to you. Based on the Khasra records, you have claimed that this is government collectorate land. But even today, the collectorate land is recorded in the names of Waheed Khan and Yakub Khan, within whose zamindari the mosque was built. It is still registered in their names.

“The mosque is registered with the Waqf Board, but you did not make the Waqf Board a party. As far as Waqf by User is concerned, I was a member of the JPC, and Waqf by User establishes that it is a mosque. There are bills for it, prayers have been continuously offered there, and all these activities have been taking place.”

He further said, “That mosque has been there for the last 70 to 80 years. You had passed an order, and then the District Court passed its order within just one month. The appeal was heard and rejected. You neither listened to us nor gave us time. It is our fundamental right to raise this issue before a higher court, but you did not give us any time.”

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