“Overreaching”: why SC lifted a ‘complete ban’ on metros, trains to Delhi ahead of Oct 10 protest?
The Supreme Court calls the shutdown of 57 Delhi Metro stations and certain trains overreaching, directing authorities to allow regulated movement.
In a significant intervention regarding public mobility, the Supreme Court of India has directed authorities to lift the sweeping restrictions that had effectively shut down 57 Delhi Metro stations and several railway services. The decision comes just ahead of a planned protest at Jantar Mantar scheduled for October 10.
'Overreaching' Restrictions on Essential Services
A three-judge bench, led by Chief Justice of India (CJI) Surya Kant and including Justices Joymalya Bagchi and V. Mohana, observed that the measures imposed by the authorities were "overreaching." The Court noted that the notifications acted as a complete ban on essential public transportation rather than a targeted security measure.
The bench drew a sharp distinction between the total prohibition of public transport and the necessary regulation of services to manage law-and-order situations. “It appears that the notifications are overreaching, as they impose a complete ban upon essential public transportation,” the Court remarked.
The Context of the Shutdown
The restrictions were triggered by a police communication citing the potential for “unruly mob movements towards sensitive locations” during the upcoming protest. The protest, organized by student groups, civil society, and political parties, concerns alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls and the functioning of the Election Commission of India.
Following the security concerns, the following measures had been implemented:
- Delhi Metro: The Delhi Metro Rail Corporation (DMRC) was directed to reduce frequency and close entry and exit gates at 57 stations starting from 9 pm on October 9.
- Indian Railways: Instructions were issued to cancel or cease operations for Mail/Express trains arriving at New Delhi and Hazrat Nizamuddin stations.
Impact on the Common Citizenry
The petition, filed by CPI(M) General Secretary M.A. Baby, argued that these restrictions were disproportionate. The 57 affected Metro stations were not merely near the protest site at Jantar Mantar but were spread across Central, South, North, North-West, North-East, and East Delhi, serving vital hubs such as:
- Universities and educational institutions
- Hospitals and medical facilities
- Courts and legal hubs
- Major residential and interchange areas
The petitioner highlighted that the cancellation of major trains, including the Howrah-New Delhi and Sealdah-New Delhi Rajdhani Express, severely impacted commuters, patients, students, and workers who had no connection to the planned demonstration.
Court's Directive to the Centre
The Supreme Court has asked the Solicitor General of India (SGI), Tushar Mehta, to reconsider the current restrictions. The Court emphasized that any security measures must follow the principle of proportionality and should be a regulatory exercise rather than an outright ban that inconveniences the general public.
The authorities have been directed to:
- Allow Metro and rail services to operate in a regulated manner.
- Ensure that residents and commuters traveling for livelihoods are not inconvenienced.
- Make the specific operational arrangements widely publicized so commuters are well-informed.
The Solicitor General has provided an assurance to the Court that the authorities will reassess the prohibitions to ensure they do not disrupt the essential movement of the city's population.