The Supreme Court on Friday directed the Centre not to completely suspend train services to Delhi or shut down metro stations ahead of the October 10 protests announced by the Cockroach Janta Party (CJP) and opposition parties against Chief Election Commissioner (CEC) Gyanesh Kumar. The Court directed authorities to regulate transport services in accordance with the principle of proportionality to minimise inconvenience to the public.
A bench comprising Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was hearing petitions filed by CPI(M) General Secretary MA Baby and others challenging the restrictions imposed ahead of the protests.
The order followed an urgent mention by Senior Advocates Kapil Sibal, Gopal Sankaranarayanan, Dr AM Singhvi, N Hariharan and Vrinda Grover, among others.
Recording Solicitor General Tushar Mehta’s assurance that he would ask the authorities to reconsider the restrictions, the Court directed that metro and railway services must not be completely prohibited.
The Supreme Court directed the Centre to avoid a total shutdown of Delhi’s train and metro services ahead of upcoming protests. Following a suggestion from the bench on distinguishing between total prohibition and regulation, the Solicitor General agreed to urge authorities to reconsider the ban and permit regulated transit to minimize public inconvenience while adhering to the principle of proportionality.
It further directed authorities to publicise their decisions through newspapers and websites so that commuters were adequately informed.
During the hearing, the CJI expressed concern over the proposed closure of metro stations and its impact on ordinary citizens.
Expressing concern for everyday commuters from Gurugram, Greater Noida, and across Delhi, CJI Surya Kant highlighted that hundreds of thousands of students, employees, and senior citizens rely on public transit for their daily livelihood.
He emphasised that although law enforcement authorities could take preventive measures to restrict unruly movement, such measures should not deprive citizens of essential transport facilities.
Emphasizing reliance on public transit, the CJI noted that not everyone owns a car or has access to private vehicles, making public transportation essential for the general public.
Justice Bagchi pointed out that while reducing train frequency could constitute regulation, completely shutting metro stations from 9 am until further orders would be an extreme measure.
The CJI instructed authorities to regulate train movements rather than imposing a complete shutdown.
Senior Advocate Kapil Sibal informed the bench that trains scheduled to reach New Delhi and Hazrat Nizamuddin railway stations between 4 am and 2 pm on October 10 had been suspended.
Senior Advocate Kapil Sibal argued that the restrictions would prevent long-distance transport, such as trains from Kerala, from entering the capital. In response, the CJI directed the Solicitor General to ensure all security measures follow the principle of proportionality, emphasizing that while law and order is a top priority, authorities must protect commuters, including young women and senior citizens, without completely halting public transit.
Mehta defended the restrictions, citing alleged violence during an earlier protest and claiming that the authorities had adopted proportionate measures to address security concerns. He also stated that internet restrictions were confined to sensitive areas and would be reviewed based on security inputs.
The bench clarified that its consideration was confined to the issue of transport services. When Senior Advocate Vrinda Grover raised allegations that police personnel had visited mosques and advised people against participating in the protests, the Court declined to examine the issue, noting that the protest organisers were not before it.
The post No complete closure of Delhi Metro on October 10: Supreme Court asks authorities to ensure public transport appeared first on India Legal.