The Supreme Court has expressed deep concern over the shutdown of metro and rail services in the capital in connection with the October 10 protest announced by the Cockroach Janata Party and opposition parties against Chief Election Commissioner Gyanesh Kumar. The court made it clear that completely shutting down basic public amenities and the right to mobility of the public in the name of controlling protests is not acceptable under any circumstances.
A three-judge bench comprising Chief Justice of India Surya Kant, Justice Joymallya Bagchi and Justice V. Mohana heard petitions related to the restrictions imposed in Delhi on Friday. During the hearing, senior advocates Kapil Sibal, Gopal Shankaranarayanan and Vrinda Grover strongly protested against the sealing of metro stations and cancellation of long-distance trains at their originating stations. Sibal said that not only metro and rail, but police have also threatened hotels not to provide shelter to guests and students not to come out of hostels.
During the hearing, Chief Justice Surya Kant questioned the role of the administration, saying, “Ordinary citizens have every right to avail these services. Keeping in mind the interests of thousands of people coming from Greater Noida or South Delhi for livelihood and education, everything cannot be brought to a standstill like this.” Reminding that there is a big difference between controlling a movement or crowd and completely stopping transportation, the Chief Justice suggested controlling the speed and timing of the metro if needed.
Meanwhile, Justice Joymallya Bagchi said that closing all doors of metro and rail amounts to a kind of complete prohibition and curtailment of citizens’ rights. On behalf of the administration, Solicitor General Tushar Mehta tried to justify the need for such harsh measures to maintain law and order by citing examples of attacks on police during previous movements.
However, the bench made it clear that while taking such measures in the name of security, it is the administrative duty to follow the principles of balance and proportionality. The court directed the government to review the barricades placed on the roads and to make information about alternative routes public online for the convenience of citizens. The bench directed the Solicitor General to immediately review the entire system without disrupting the normal life of citizens.