Supreme Court Adjourns Meta-WhatsApp Privacy Case to February 23 Amid Health Concerns of Senior Lawyers

The Supreme Court on Monday, February 9, 2026, adjourned the high-profile case involving WhatsApp’s 2021 privacy policy and Meta Platforms’ challenge to a Rs 213.14 crore penalty imposed by the Competition Commission of India (CCI). The matter, listed before a Bench led by Chief Justice of India Surya Kant, will now be heard on February 23, 2026.  

The adjournment followed an oral request from counsels, who informed the Bench that senior advocate Kapil Sibal, representing Meta, was unwell. Senior advocate Mukul Rohatgi also supported the plea, citing his inability to speak. The court allowed intervention applications and directed that short counter affidavits be filed by Friday, setting the next hearing date.  

At the core of the dispute is WhatsApp’s 2021 privacy policy, which required users to accept new terms or stop using the messaging service. Critics, including the Supreme Court itself, have described the policy as a “take it or leave it” approach that enables data sharing between WhatsApp and other Meta companies for advertising purposes.  

Earlier hearings saw sharp judicial criticism. The Bench compared the practice of sharing user data to a “decent way of committing theft,” warning that Meta and WhatsApp may have already taken “millions of bytes of data” from Indian consumers. The court stressed that it would not permit the exploitation of the privacy rights of millions of “silent consumers” in India.  

WhatsApp has defended its policy, emphasizing that messages remain end-to-end encrypted and that users can opt out of data sharing. Meta’s legal team has argued that consent is central to the policy and that no violation of privacy occurs.  

With the next hearing scheduled for February 23, the case remains a pivotal moment in India’s digital privacy debate. The outcome could set a precedent for how global tech companies handle user data in one of the world’s largest digital markets.  

Read More: Why Supreme Court Has Pulled Up Meta Over WhatsApp's Data Sharing Policy