Can't Be Complete Prohibition On Delhi Metro, Trains: Top Court On CJP Protests

"You can't use a sledgehammer to kill a fly," the Supreme Court said on Friday as it questioned the government over unprecedented curbs on Delhi Metro and trains in the Capital ahead of the protest by the Cockroach Janta Party (CJP) on Saturday, and struck them down. The court told the Centre that there cannot be a complete prohibition on Metro and other train services and called the notifications "overreaching".

Expressing concerns for commuters, the court told the Centre that everything cannot be shut as people travel from all parts of the city and asked it to reconsider the restrictions on metro and trains.

"Young people, elderly all travel. Commuters have a right to basic facilities," the court told the Centre's lawyer, asking for the number of closed Metro station to be brought down. "There is a disctinction between restriction and complete closure," the court noted.

The court heard a petition against closures of metro stations and cancellation of trains by CPM general secretary MA Baby.

"All trains are cancelled, Metro stations are closed. You cannot move anywhere. What is happening to my country? This is a peaceful protest," Senior advocate and MP Kapil Sibal, appearing for the petitioner, told the court.

Read | Delhi Braces For CJP Protest: Metro Curbs, Trains Cancelled, 23,000 Cops

"We are primarily concerned about the complete closure of these metro station entrances. Our concern is not about any specific protester or individual; rather, it is about the hundreds and thousands of commuters who travel to Delhi from Gurugram, Greater Noida, East Delhi, and South Delhi for their livelihoods," CJI Surya Kant told the Solicitor General.

While it backed the authorities' right to implement security measures, the court drew a line at public convenience. "Law enforcement authorities are certainly entitled to implement regulatory measures; there is no doubt about that. If you wish to curb uncontrolled movement, you are free to do so. However, this does not mean you can bring everything to a halt and leave people without any means of transport," the top court said.

"Not everyone owns a car or has access to private transport. People rely on public transport. Such a course of action is not feasible."

Responding to the court, Solicitor General Tushar Mehta said that he will consult with the government and assured that proportionate measures will be taken.

Mehta also referred to last CJP protest in July and mentioned the violence during that. 

"Regarding railways and metro stations, I will go back to the government and proportionate measures will be taken," Mehta assured the court.

"It appears that the notifications are overreaching, as they impose a complete ban upon essential public transportation. Upon our indication that a distinction exists between total 'prohibition' and the 'regulation' of Metro and other train movements, learned Solicitor General of India has fairly agreed to impress upon the authorities to reassess such prohibitions," the bench said in its order.

The Supreme Court further noted that the closure of roads also needs to be reconsidered. It directed that an assessment be made regarding which areas require restrictions and which do not.

The court said that the frequency of metro trains can be reduced but they cannot be completely stopped.

Earlier in the day, restrictions were announced at 57 metro stations in view of the proposed demonstrations and the possibility of crowds moving towards sensitive areas on October 10.

According to the advisory, entry and exit gates at the affected stations will be closed from 9 pm on Friday, October 9. Metro trains passing through the affected stations may also run at reduced frequencies.

Rail services have also been affected ahead of the protest. Several trains scheduled to arrive at New Delhi and Hazrat Nizamuddin railway stations have been cancelled. A total of 61 Delhi bound trains have been cancelled between Friday and Saturday.