Hon’ble Justice Sanjeev Sachdeva stated that WhatsApp was a private app and there was no compulsion on the petitioner to join it.
When the petitioner submitted that WhatsApp was analysing all the user data, the Court replied that other platforms did the same.
The Bench stated that Google Maps also analysed user data and remarked that the Court doubted if the counsel for the petitioner ever read terms and conditions of any app that he used.
Senior Counsel Mukul Rohatgi who appeared for Whatsapp submitted that all private chats are encrypted, and the policy change is for Whatsapp for business only. He further asserted that users don’t have to use a business account if they don’t want to.
Senior Advocate Arvind Datar submitted that the petition was not maintainable.
The Court observed that the policy has been deferred and adjourned the matter to 25.01.2021. Hon’ble Court did not issue a notice in the case as well.
Last week, the instant petition was listed before Hon’ble Justice Pratibha Singh who recused from the case.