A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad on Thursday said the single judge’s order was well-reasoned and the appeals are devoid of merits.
WhatsApp in its arguments before the division bench of the court stated that the CCI cannot probe a policy that has now been kept in abeyance to await the fate of the Data Protection Bill as well as the decision of the Supreme Court and the high court on issues concerning the legality of the policy.
Facebook had argued that the CCI cannot investigate the case in a “creeping fashion” as there was no prima facie material in it against the social media platform.
Before the single judge, WhatsApp and Facebook had challenged the CCI’s March 2021 order directing a probe against them.
On January 3, while dealing with the appeals against the single-judge order, a bench headed by then Chief Justice DN Patel had extended the time for filing replies by Facebook and WhatsApp to two CCI notices of June 2021, asking them to furnish certain information for the purpose of the inquiry conducted by it.