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Oct 14 14 tweets 11 min read
#SupremeCourt to hear challenge by Meta Inc (parent company of WhatsApp and Facebook) challenging CCI probe into the two companies.

Matter before Justices MR Shah and Sudhanshu Dhulia.

#WhatsApp #Facebook #Meta
Petitioners have challenged a Division Bench order dismissing appeals of a single-judge order upholding the Competition Commission of India probe.

#SupremeCourt #WhatsApp
#Facebook

barandbench.com/news/litigatio…
Sr Adv Kapil Sibal appears for WhatsApp, ASG N Venkatraman for CCI.

Sibal: if a Constitutional court finds that my policy is okay and consistent with the law, this cannot go on. PDP bill is coming, SG told Constitution Bench to hear privacy policy matter in January.

#WhatsApp
Sibal: So how can they in the meantime probe while the issue of the privacy policy is pending? How is this propositiom of law correct that SLP before this court won't have any bearing?

#WhatsApp #Meta #SupremeCourt
Sibal: We're saying don't let the CCI pass final orders till this Court's order comes.

Justice Shah: But CCI is an independent body, correct? Question is if your conduct is contrary to competition act, correct? We can observe that contentions be kept open by CCI.

#WhatsApp
SC: We can't stay the probe till January, we do not know what will be the outcome of their investigation.

Se Adv Mukul Rohatgi for Meta/FB: It's a jurisdiction issue. This order was before the Constitution Bench also.

#SupremeCourt #WhatsApp
Justice Shah reiterates that CCI probe cannot be stayed.

ASG Venkatraman: Data qua the 2021 policy is with WhatsApp, is being used in a dominant way for their ads, resulting in possible abuse. The concentration of data with a particular co. results in abuse, let me show.
ASG: Policy is still intact and there's concentration of data in one hand, this has nothing to do with (Article) 21.

ASG reads from HC order.

#SupremeCourt #WhatsApp #Meta #Facebook
ASG: Whether it's Amazon, or others all their pleas for interim relief have been dismissed at threshold.

Sibal: WhatsApp has a privacy policy, individual's data is not shared. What we have introduced is business app.

#SupremeCourt #WhatsApp #Meta #Facebook @CCI_India
Sibal gives example of ticket booking, says business through whom ticket book can share data but not WhatsApp.

Sibal: But we don't share. Even Google does this.

ASG: they're also under investigation in ...

Justice Shah: Google doing so won't stop mr Sibal.

#SupremeCourt
ASG seeks to argue more.

SC: what is this?

Sibal: Court is anyways on your side.

Judges smile, say only prima facie observations.

#SupremeCourt #WhatsApp @CCI_India #Meta
Bench dictates order.

#Breaking Order: Heard ld counsel. Having gone through the impugned judgment and order of the HC, no interference is called for.

#SupremeCourt #WhatsApp
@CCI_India #facebook #Meta
Order: CCI is an independent body, when proceedings are initiated by it for anti competitive practices, it cannot be challenged only highlighting jurisdiction.

CCI cannot be restrained from probe into alleged violations of Competition Act. All contentions kept open.
Order: any observations of the HC in proceedings are to be treated as tentative and prima facie and matter is to be considered on its own merits. SLPs stand dismissed.

#SupremeCourt #WhatsApp @CCI_India #Facebook #Meta

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More from @barandbench

Oct 15
[Special Saturday Hearing in #SupremeCourt]

Justice MR Shah led bench to shortly hear the appeal filed by Maharashtra govt against the decision of the Nagpur Bench of the Bombay High Court, acquitting former Delhi University professor #GNSaibaba in an alleged Maoist links case Image
In its appeal, the Maharashtra government has contended that the case was decided by the High Court on the procedural lapse without going into the merits of the evidence #GNSaibaba

barandbench.com/news/gn-saibab…
Solicitor General Tushar Mehta to argue for the Maharashtra government
#SupremeCourt #GNSaibaba
Read 53 tweets
Oct 14
#SupremeCourt Bar Association holding farewell function for Justice Hemant Gupta.

Follow this thread for updates.

#HemantGupta Image
CJI Lalit, AG Venkataramani and SCBA president also present on the dais.

#hemantgupta #SupremeCourt Image
SCBA vice president Pradeep Rai: Justice Gupta' father was arrested in 1992 for being RSS chief, had opposed govt policies.
Later when ban lifted, FIR was quashed.

Justice Gupta is very hardworking, leaving his work many times he would research for others. Image
Read 25 tweets
Oct 14
A Varanasi Court today will pronounce its order on a plea filed by the 4 Hindu worshippers seeking directions to the Archaeological Survey of India to conduct 'scientific investigation' of Shiva Linga reportedly found in #GyanvapiMosque premises

Follow this thread for updates:
District Judge AK Vishvesha had reserved the order on October 11, after hearing the submissions filed by the Mosque Committee objecting to the plea moved by Hindi Worshippers' for 'scientific investigation' of the alleged Shiva Linga found during survey of #Gyanvapimosque
On October 7, the Court had sought clarification on certain questions, which are:

1) Whether Shiva Linga (reported to be found) inside #Gyanvapimosque premises is part of suit property or not?

2) Does court have power to direct 'scientific investigation' of alleged structure?
Read 19 tweets
Oct 14
#SupremeCourt

Chief Justice of India Uday Umesh Lalit sitting with Justice Hemant Gupta today. It is Justice Gupta's last day in court today.
Sr Adv Mukul Rohatgi: On behalf of the bar we wish Justice Gupta a very happy and successful second inning which will be in Delhi and Chandigarh. I wish lordship keeps coming to court and we have coffee

Dr Singhvi: we too echo the same sentiment

#JusticeHemantGupta
CJI UU Lalit: we are two senior most judges in this combination in terms of age. I will be in the same situation shortly.. parting is inevitable but it all depends on how you play when at it. I have known
#JusticeHemantGupta since last 13 years and played a straight inning
Read 5 tweets
Oct 13
#SupremeCourt hears a plea seeking a pre screening committee for web series

CJI UU Lalit: This court has been consistent that there is no pre-censorship. You have to say that the existing regime has censor certificate for cinema etc and whether it applies to OTT or not
CJI: For OTT Satellite transmission is from other countries and not this one even though viewers may be here. Post exhibition redressal mechanism is different. What is being said in this plea that what is being shown in OTT or over sattelite should also be under this scheme
Adv: Now the Mirzapur series is coming again

CJI: It was already broadcasted in October 2020

Adv: They are again coming with Mirzapur showing a city which is adulterous
Read 5 tweets
Oct 13
#SupremeCourt #CourtroomExchange

SG Tushar Mehta seeks adjournment of matter where Delimitation exercise in northeast and Jammu & Kashmir challenged.

SG: Seek accomodation. Not prepared.

Justice Kaul: but you made us prepare last night (smiles).
Bench: Even we need to be prepared better and do our ground work as to the legal position. How much delimitation stated for enforceability.

Adv for Petitioners: I'm challenging the number of seats and division and readjustment in J&K.

#SupremeCourt
SC: File a short synopsis.

Adv: (Article) 170 i can argue right now. Within 10 minutes I'll convince.

Justice Kaul: If you specify the time, I'll bind you to it. But no point doing it today, give him (SG) a copy of your dynopses.

#SupremeCourt #delimitation
Read 7 tweets

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