Investigation by CCI about Whatsapp’s new privacy policy during pendency of referred petitions before Supreme Court, cannot be considered as without jurisdiction

Delhi High Court has held that investigation by the Competition Commission of India (CCI) regarding Whatsapp’s new privacy policy cannot be said to be without jurisdiction merely because of the pendency of reference before the Supreme Court.

The challenge to the WhatsApp 2021 privacy policy update has been raised before the Supreme Court only in form of applications being filed by the petitioner and intervener therein. It is not stated by the petitioners if the Supreme Court has taken cognizance of these applications or passed any order thereon.

Mere pendency of a reference before the larger bench of the High Court does not denude the other courts of their jurisdiction to decide on the list before them. Similarly, merely because of the pendency of the above proceedings before the Supreme Court and before the High Court, CCI cannot be said to be bound to necessarily hold its hands and not exercise the jurisdiction otherwise vested in it under the statute.

Maybe, it would have been prudent for the CCI to have awaited the outcome of the above-referred petitions before the Supreme Court however, merely for its decision not to wait, the Order of investigation cannot be said to be without jurisdiction or so perverse so as to warrant to be quashed by High Court in the exercise of its extraordinary jurisdiction.

Appearing Counsel/s : Mr.Harish Salve, Mr.Amit Sibal, Mr.Tejas Karia, Mr.Shashank Mishra, Ms.Nitika Dwivedi, Mr.Aasish Somasi, Mr.Aman Lekhi, Mr.Samar Bansal, Mr.Anirudh Bakhru, Mr.Ritwiz Rishabh, Mr.Ujjwal Sinha, Ms.Mehak Huria, Mr.Aniket Seth, Ms.Shikha Sandhu, Ms.Devahuti Pathak, Ms.Harsheen Madan Palli, Mr.Sachin Mishra, Mr.Yaman Verma, Mr.Pavit Singh Katoch, Mr.Shyamal Anand, Mr.Mukul Rohatgi, Mr.Naval S. Chopra, Mr.Gauhar Mirza, Mr.Shantanu Mathur, Mr.Aman Lekhi, Mr.Samar Bansal, Mr.Anirudh Bakhru, Mr.Ritwiz Rishabh, Mr.Ujjwal Sinha, Ms.Mehak Huria, Mr.Aniket Seth, Ms.Shikha Sandhu, Ms.Devahuti Pathak, Ms.Harsheen Madan Palli, Mr.Sachin Mishra, Mr.Varun Pathak, Ms.Mitali Daryani, Ms.Madhavi Singh