The Supreme Court directed the Centre and Delhi Police to lift blanket restrictions on metro and railway services ahead of CJP’s protests in Delhi on Saturday. The Delhi Metro Rail Corporation (DMRC) revised its order of closure of 57 metro stations following a rap from the Supreme Court.
The Supreme Court made it clear that security measures cannot amount to a complete prohibition on public transport and inconvenience millions of ordinary residents. “Stopping something and regulating are two different concepts. One can regulate but it is completely different to put a halt on everything…you cannot stop everything,” observed the bench. The cancellations affected long-distance services, including the Howrah-New Delhi and Sealdah-New Delhi Rajdhani Express trains.
Earlier in the day, the DMRC announced that entry and exit gates of 57 metro stations will remain closed from 9pm onwards on October 9. Indian Railways cancelled mail and express trains scheduled to arrive at or depart from New Delhi and Hazrat Nizamuddin stations between 4 am and 2 pm on October 10, citing anticipated severe road congestion around the stations.
A bench, comprising Chief Justice of India Surya Kant and justices Joymalya Bagchi and V Mohana, said that authorities could regulate the movement of trains to prevent unlawful gatherings but could not bring the entire system to a halt, stressing that the right of Delhi’s residents to access public facilities and move freely also required protection. “You will not use a hammer to kill a fly,” remarked the court, explaining that the authorities must adopt measures commensurate with the situation rather than impose sweeping restrictions. The court was told that railway services had also been disrupted ahead of the demonstration.
