SC: No Complete Ban on Metro Services Ahead of Protests

The Supreme Court has directed authorities not to completely suspend metro services during the October 10 protests, ensuring commuters aren't stranded.

Vijay Narayan Singh9 October 20262 min read0 viewsIndia
SC: No Complete Ban on Metro Services Ahead of Protests

The Supreme Court of India has intervened to ensure that public transport remains accessible during the upcoming protests scheduled for October 10. A bench led by Chief Justice of India Surya Kant directed authorities to prevent a total suspension of metro train services, emphasizing that while law and order must be maintained, the movement of the general public should not be brought to a complete standstill.

The apex court's directive comes in response to a plea challenging the heavy restrictions imposed across the national capital. The bench made a clear distinction between the necessity of regulating movement to maintain security and the unlawful prohibition of public transport services.

Protecting the Rights of Common Citizens

During the proceedings, the Chief Justice expressed deep concern regarding the practice of completely closing metro station entry gates. He highlighted the massive impact these closures have on thousands of people who rely on the network for their daily survival.

"Our concern is not with respect to any protesters or any individual. Our concern is about the hundreds and thousands of commuters who come from Gurugram, Greater Noida, East Delhi and South Delhi to Delhi for their livelihood. They are students, employees and senior citizens who travel by public transport. We are speaking on behalf of the common citizens of this city,"
the CJI stated.

The bench noted that security measures must adhere to the principle of proportionality. While law enforcement agencies have the right to restrict "unruly movement," the court observed that such actions should not deprive those without private vehicles of their ability to reach work or educational institutions.

Instructions for Regulated Movement

The Supreme Court has laid out specific expectations for the authorities to balance security with public necessity:

  • No Total Prohibition: There shall be no complete ban on the operation of metro trains or other railway services.
  • Regulated Operations: The Centre is encouraged to consider controlled and regulated movement to ensure safety without halting all transport.
  • Wide Publicity: Authorities must ensure that any decisions regarding changes to metro or railway schedules are widely publicized so that commuters can plan ahead and avoid unnecessary inconvenience.

Solicitor General Tushar Mehta, representing the Centre, assured the court that the government would reconsider the current restrictions and aim for more proportionate measures. He also indicated that the government would look into the possibility of redesignating the protest venue, moving away from Jantar Mantar to an alternative location.

The hearing was initiated following petitions filed by CPI(M) General Secretary MA Baby and others, who challenged the stringent curbs placed on the capital ahead of the October 10 demonstrations. The court's intervention aims to ensure that the fundamental right to movement for the working population is not sacrificed in the pursuit of security.

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