Delhi protest: SC rules out complete Metro shutdown, orders regulated services

The Supreme Court ruled out a Metro shutdown ahead of the CJP protest in Delhi, directing authorities to regulate Metro and railway services. It also asked officials to publicise arrangements, issue a traffic advisory and consider an alternative protest venue

New Delhi: The Supreme Court on Friday ruled out a complete suspension of Metro train services ahead of a proposed protest in the national capital on Saturday, directing the Centre to ensure that Metro and other railway services operate in a suitably regulated manner to minimise inconvenience to the public.

A Bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V. Mohana passed the order after Solicitor General Tushar Mehta agreed to urge the authorities to reconsider the restrictions imposed ahead of a proposed demonstration by the Cockroach Janta Party (CJP), which is seeking accountability from Chief Election Commissioner Gyanesh Kumar.

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The apex court said the issue before it was whether completely stopping Metro trains and railway services at certain stations constituted a proportionate restriction in view of the proposed protest.

Observing that completely prohibiting movement was different from regulating services, the CJI-led Bench said the authorities should bear the principle of proportionality in mind while taking preventive measures.

Mehta, the Centre’s second-highest law officer, assured the court that the authorities would reconsider the restrictions and allow Metro trains and other railway services to operate in a regulated manner so that Delhi residents and the public at large did not face inconvenience.

“ In terms of that assurance, we make it clear that there shall be no complete prohibition on the movement of metro trains,” the Supreme Court said.

The court also directed the authorities to give wide publicity to their decision on the regulated operation of Metro and other railway services so that commuters were not subjected to further inconvenience.

It further directed that a traffic advisory be published for people travelling within the national capital to ensure they did not face unnecessary hardship.

During the hearing, the Solicitor General also agreed to consider a suggestion to identify an alternative location with the necessary amenities and facilities for peaceful and lawful protests.

The CJI-led Bench asked the Centre to consider the proposal and take an appropriate decision on designating a suitable venue for such demonstrations.

The order came amid concerns over the proposed closure of 57 Metro stations and the cancellation or rescheduling of several trains scheduled to arrive at New Delhi and Hazrat Nizamuddin railway stations on October 10.

The Delhi Police has denied permission for the proposed protest, citing concerns over public safety, traffic regulation and law and order. It has also said that Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) is in force in the New Delhi area.

In its order, the Supreme Court gave the organisers of the proposed protest the liberty to approach it through an urgent petition, noting that no such petition had been filed so far.