SC: No Absolute Ban on Delhi Metro or Trains Amid Protests
The Supreme Court has asked the Centre to reconsider absolute bans on Delhi Metro and train services ahead of the October 10 protests.
The Supreme Court of India has intervened regarding the stringent restrictions imposed in Delhi ahead of the scheduled October 10 protests, stating that authorities cannot impose an absolute ban on essential services like the Delhi Metro and train networks.
The bench, led by Chief Justice of India (CJI) Surya Kant and including Justices Joymalya Bagchi and V Mohana, expressed serious concerns about the potential disruption to the lives of ordinary citizens. The Court emphasized that measures must be proportionate and should not penalize commuters who have no intention of participating in the demonstrations.
Protecting the Common Citizenry
During the proceedings, the Court clarified that the focus of the current hearing is not on the right to protest itself, but on the movement of the general public. The bench highlighted that the restrictions must account for the needs of vulnerable groups, including children and senior citizens.
“We have serious concerns about this. Our concern is not about the protesters, or about the authorities, but about hundreds and thousands of commuters in Delhi for their livelihood, children and senior citizens. We are talking about common citizenry. They should not be disturbed. Everybody doesn’t have a car or facilities,” the CJI remarked.
The Court further directed that authorities must exercise "abundant precaution" to ensure that citizens are neither inconvenienced nor placed in danger due to the security measures in place.
Regulation vs. Prohibition of Trains
Addressing the specific issue of train movements, the Court noted that while regulating the frequency of trains might be justifiable for security reasons, a total prohibition is not permissible. The bench stated:
- No complete prohibition of Metro movement should be imposed.
- Authorities must ensure services run in a regulated manner to prevent mass inconvenience.
- All restrictions must adhere to the principles of proportionality.
The Solicitor General of India (SGI), Tushar Mehta, representing the Centre, agreed to urge the relevant authorities to reconsider these prohibitions and find a balanced approach.
Transparency in Road Barricading and Routes
In addition to transport services, the Court directed authorities to revisit the extensive road barricading currently seen across Delhi. To prevent chaos, the Court mandated that any restrictions, barricades, or changes to traffic routes must be widely publicized through official websites, newspapers, and other platforms.
“Commuters must be informed in advance about restrictions and guided towards alternate routes wherever roads are barricaded,” the Court observed.
The Legal Context of the Protests
The legal debate arose during proceedings concerning protests planned at Jantar Mantar and other designated sites. The Solicitor General informed the Court that while organizers had been granted permission for a one-day protest on July 20, the demonstrations had reportedly continued for 17 days, involving various penal violations.
The Court maintained that while law-and-order concerns can justify restrictions, such measures must be supported by genuine and reasonable reasons. Any grievances specifically regarding the right to protest should be brought before the Court through appropriate legal petitions.