A bench of Chief Justice D.N. Patel and Justice Jasmeet Singh issued notice to the Centre, Facebook and WhatsApp and sought their stand on the petition by May 13.
WhatsApp told the bench that private conversations of individuals are protected by end to end encryption.
The petitioner, Harsha Gupta, urged the court for some interim orders as WhatsApp intends to bring its policy into effect from May 15.
In view of the same, the court listed the matter for hearing on May 13.