- (1.) Heard Mr. Harish N. Salve, learned senior counsel along with Ms. Madhavi Divan, learned counsel for the petitioners, Mr. Mukul Rohatgi, learned Attorney General, Mr. Tushar Mehta and Mr. P.S. Narasimha, learned Additional Solicitor General for the Union of India, Mr. Kapil Sibal, learned senior counsel for the respondent No.2, WhatsApp Inc., Mr. Sidharth Luthra, learned senior counsel for the respondent No.3, Facebook Inc., and Mr. Sanjay Kapur, learned counsel for the respondent No.5.
(2.) At the commencement of the hearing, after giving some introduction with regard to the functioning of the internet, Mr. Harish N. Salve, learned senior counsel appearing for the petitioners, drew our attention to the affidavit filed by the Telecom Regulatory Authority of India (TRAI), the respondent No.5 and the counter affidavit that has been filed by the Union of India, the respondent No.1. At this juncture, Mr. Mukul Rohatgi, learned Attorney General for India has submitted that the stand of the Union of India is that there is going to be a regulatory regime to save the data base to guide the concept of net-neutrality.
(3.) On being questioned, what are the real issues involved, before Mr. Salve, learned senior counsel for the petitioners could answer, Mr. Kapil Sibal, learned senior counsel appearing for the respondent No.2, which was immediately echoed by Mr. Sidharth Luthra, learned senior counsel appearing for the respondent No.3, submitted that the matter could not have been referred to the Constitution Bench without framing the questions that needed to be referred. The said preliminary objection was resisted by Mr. Salve on the foundation that the direction for listing the matter before a five-Judge Bench need not be treated as a reference as postulated under Article 145 of the Constitution of India. Learned senior counsel would urge that Hon'ble the Chief Justice of India is the master of the roster and he has the authority on the administrative side to place the matter before a five-Judge Bench regard being had to the gravity, significance and importance of the matter. We shall delve into this preliminary objection at the time of delivery of the final verdict. When an issue is raised, the same has to be addressed and we think we shall put the controversy to the rest in this regard.;