CCI on Probe into WhatsApp's New Privacy Policy; states 'Abuse Of Dominance’
On Wednesday, the Competition Commission of India (CCI) ordered a probe into the new privacy policy of WhatsApp, after making a prima facie observation that it violates Section 4 of the Competition Act 2000.
The CCI in addition, observed that the privacy policy terms on sharing of personalized data with Facebook companies was "neither fully transparent nor based on specifically voluntary consent of users".
The bench comprising of Ashok Kumar Gupta(Chairperson), Sangeeta Verma (Member) and Bhagwant Singh Bishnoi (Member) commented on the conduct of WhatsApp in sharing of users' personalized data with other Facebook Companies, in a manner that is neither fully transparent nor based on voluntary and specific user consent, appears prima facie unfair to users.
The Bench reiterated that the purpose of such sharing appears to be beyond users' reasonable and legitimate expectations regarding quality, security and other relevant aspects of the service for which they register on WhatsApp.
On further contentions, anti-trust regulator termed the privacy policy terms "take-it-or-leave-it' terms set by a dominant messaging platform, without providing much information to the users, and observed that the policy prima facie appeared to be "unfair and unreasonable".
SC Issues Notice in Plea Seeking to Maintain NRI Status for Purpose of Taxation under IT Act
Supreme Court of India has issued notice in a plea filed by Dubai based non-resident Indian Gaurav Baid, directing to consider him a Non-Resident Indian (NRI) for Financial Year 2020-21 regardless of number of days of his stay in India, on account of the Covid19 pandemic.
It was observed by a three-judge Bench of Justice UU Lalit, Justice Indira Banerjee and Justice KM Joseph who heard the plea that has challenged the recent Central Board of Direct Taxes (CBDT) circular that has not provided any relief to NRIs on the issue of being taxed on their global income because of losing their NRI status for purpose of taxation under the Income Tax Act.
In this case the petitioner has argued that he has been placed in a pernicious position of losing his 'Non-resident status' for purposes of Indian Income Tax Act for no fault his due to involuntary extension of stay of NRIs on account of Covid 19 pandemic and subsequent lockdown and which led to suspension of air travels.
Supreme Court: Prevention of Corruption Act states that an Enquiry at Pre-FIR Stage is Desirable
On Wednesday, the Supreme Court of India held is permissible to hold discrete/open enquiry, at pre FIR Registration stage in corruption cases. In furtherance, the High Court dismissed the challenge against a notice issued to the appellant by the Police Inspector, Anti-Corruption Bureau, Nagpur, by which the appellant was called upon to give his statement in respect of the properties owned by him, for the purpose of enquiring the complaint against him, accumulating the assets disproportionate to his known sources of income.
In appeal, the bench comprising of Justices DY Chandrachud and MR Shah considered the question whether such an enquiry at pre-FIR stage would be legal and to what extent is an inquiry is permissible? Referring vide to Lalita Kumari v. Government of Uttar Pradesh (2014) 2 SCC 1 the Court added that, even at the stage of registering the first information report, the police officer is not required to be satisfied or convinced that a cognizable offence has been committed.
Owning to the impugned notice, the bench observed that the information sought therein has a direct connection with the allegations made i.e. accumulating assets disproportionate to his known sources of income and hence, it is necessary.
Supreme Court: We Cannot Take This 16% Reservation Lightly', on Maratha Quota [Hearing Day 8]
Acknowledging the fact, on the 8th consecutive day of the hearing in the Maratha quota case, a constitution bench of the Supreme Court posed queries regarding the backwardness of the Maratha community so as to justify 16% quota for them as a Socially and Economically Backward Class(SEBC).
The Bench remarked during the proceeding that, “We cannot take this 16% reservation lightly”. The bench further observed that Marathas were represented highly in services. In addition, it also said that there were reports that Marathas were doing better than other communities.
The Bench questioned, “Can it be concluded from these stats that Marathas are backward?” the bench sought to know. It additionally remarked that merely because most members of the community are involved in agriculture activities, it does not mean that they are backward.
Karnataka HC Directs Penal Action against Participants Of Public Rally For Not Wearing Facemasks
On Wednesday, the Karnataka High Court directed the State Government to ensure that penal and other actions are initiated in accordance with law against those persons who attended rallies held on March 23 violating COVID-19 norms regarding social distancing and wearing of face masks.
A division bench lead by Justices Chief Justice Abhay Oka and Justice Suraj Govindaraj on going through the memo said "It appears from the photographs that a large number of persons participated in the rallies and many were not wearing face masks. He pointed out that on March 23, a total of 1280 positive cases were reported."
Pertaining to the case at hand, a First Information Report has been filed against the organizer of the Panchamashali rally held on February 21.
International news
Pakistan court sentences two to death for gang-rape that prompted protests
On Tuesday, A Pakistan Court sentenced two men to death for the gang rape of a woman on the side of a highway last year. The said pair were convicted of gang rape, kidnapping, robbery and terrorism offences. The victim was attacked in front of her two children in September after her vehicle ran out of fuel.
This terrifying incident led to protests in the country, with protestors calling for tougher laws on rape. The situation at hand worsened when a senior police officer handling the case blamed the victim. This senior officer questioned why the victim had not taken a busier route or checked her tank before departing. The public questioned the statements made by the officer and rebutted terming them as victim blaming and judging the victim.
To reassure rape is dealt with expeditiously an ordinance was enacted in December 2020. The ordinance called for the establishment of special courts across the country to try offences scheduled a system to protect victims and witnesses is also envisaged in the ordinance. Furthermore, it held that a register of sex offenders shall also be prepared at the national level with details of the register only being accessible to a court of law or a law enforcement agency. Such proactive law was welcomed by women rights activists who also called for better policing and prosecution of rape suspects.
The men were also sentenced to life imprisonment, fined and had their property confiscated.
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