The Delhi High Court on Monday continued hearing a public interest litigation (PIL) alleging unconstitutional surveillance of peaceful protesters at designated protest sites in the national capital. The matter was heard by a Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia.

During the hearing, counsel for the petitioner argued that the petition had not become infructuous merely because the alleged surveillance had ceased. It was submitted that the petition sought declarations regarding the legality of the alleged surveillance as well as directions requiring the authorities to disclose the legal authority, purpose, scope, data retention policy, and data-sharing protocols governing the collection of data from protesters.

The Bench engaged with the petitioner on whether the broader issues relating to the legal framework governing surveillance would be more appropriately examined in a separate petition dealing specifically with surveillance laws and safeguards. The petitioner’s counsel, however, maintained that the existing prayers were wide enough to encompass those issues and opposed the need to institute fresh proceedings.

Counsel further relied on the Supreme Court’s Justice K.S. Puttaswamy judgment, contending that any surveillance by the State must satisfy the constitutional tests of legality, necessity and proportionality. It was argued that even if the alleged surveillance had been discontinued, the Court could still examine its legality and grant declaratory reliefs.

The hearing remained inconclusive, and the Bench posted the matter for further hearing on Tuesday.