New Delhi : The Supreme Court on Friday expressed serious reservations about Delhi Police’s decision to direct the Delhi Metro to shut down 57 stations on Saturday, when the CJP is scheduled to hold a rally in the national capital. In terms of that assurance, we make it clear that there shall be no complete prohibition on the movement of Metro trains. We direct that due publicity be given to the considered decision taken by the authorities regarding the movement of Metro trains and other railway services in a suitably regulated manner, so that inconvenience to the public at large is minimised.
Responding to the Supreme Court’s observation that regulation cannot amount to a complete prohibition, Solicitor General Tushar Mehta assured the bench that he would ask the authorities to allow Metro services to operate in a regulated manner. Earlier in the hearing, the top court said a balance must be struck between the right to protest and the rights of other citizens.
A bench led by Chief Justice of India (CJI) Surya Kant heard submissions by a battery of senior lawyers, including Kapil Sibal, Abhishek Manu Singhvi, Prashant Bhushan and Vrinda Grover, who questioned the sweeping restrictions imposed by the police ahead of Saturday’s protest.
Sibal questioned how such restrictions could be imposed across the national capital, while Singhvi argued that preventive measures of this scale could not be justified when no incident had occurred. Solicitor General Tushar Mehta, appearing for the government, defended the measures, saying they were intended to ensure that law and order was maintained.
The bench said the restrictions raised concerns over the rights of ordinary citizens and stressed the need to balance the right to protest with public access to essential facilities. The lawyers argued that the restrictions went beyond what was necessary to regulate a protest. They cited train cancellations, metro closures, checks at Delhi’s borders and instructions to hotels not to accept fresh bookings.
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