Justice Prathiba M Singh also expressed displeasure over an email sent on behalf of Facebook or WhatsApp stating that she ought not to hear the matter.
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There was no need for such an email as she was not going to hear the matter, she said.
Senior advocates Kapil Sibal and Mukul Rohatgi, appearing for Facebook and WhatsApp, said the email was being withdrawn unconditionally.
Justice Singh said however that she cannot hear the matter and directed the registry of the high court to list it before an appropriate bench on January 18 subject to orders of the Chief Justice.
She observed that the matter appeared to be in the nature of a PIL.
Under the new policy, users can either accept it or exit the app, but they cannot opt not to share their data with other Facebook-owned or third party apps.