DYC J says that the parliament in its wisdom has decided there is leakage and that to implement Part IV rights, we will need to defer to that.
RD agrees and repeats..
DYC J does not agree to that proposition...says State has the duty to ensure Part IV rights irrespective.
Page 318 as reported in SCC.
Minimality of intrusion will take care of balancing and Article 21 for many will be the legitimate state interest.
RD says yes and moves to his next argument on "Reasonable Expectation of Privacy"
RD says yes.
DYC j points out how race caste religion etc are excluded in the Act. RD agrees in glee.
RD says fear has to be real not fantastic.
CJI says RD cannot make those subjective judgment on that.
Petitioners to get 1.5 days for rejoinder.