Justice Pratibha Singh of Delhi high court today recused herself from hearing the petition against the new privacy policy of WhatsApp.
When Additional Solicitor General Chetan Sharma asked Justice Singh not to recuse from the matter and that there can’t be a better person to hear this matter, Justice Singh said, “I am not going to hear this case. I was, in any case, not going to hear it, I am sending it to another single-judge”.
Justice Pratibha Singh has directed to treat the matter as a PIL and list the matter on Monday, 18 January, before a different bench for hearing.
Background
A petition was filed before the Delhi High Court challenging the new privacy policy of WhatsApp violates the citizens’ right to privacy.
The writ petition was filed by Advocate Chaitanya Rohilla, stating that the new privacy policy of Whatsapp violates fundamental right guaranteed in the Part-III of the Constitution of India and also has been affirmed by the Hon’ble Supreme Court of India in ‘Justice K.S. Puttaswamy and Ors. Vs. Union of India (UOI) and Ors.’ (AIR2017 SC, 4161).
Whatsapp updated its privacy policy on January 4, 2021, and made it compulsory for its users to accept its terms and conditions, failing which WhatsApp would terminate the accounts and services after February 8, 2021, for the respective user.
It is added that at the threat of terminating services in case of non-compliance, WhatsApp has made it compulsory for its users to accept the new policy by February 8, 2021, and share their data with them and ultimately other companies.
Amit Agarwal