The Supreme Court on Thursday sought the Centre’s response to a plea raising important constitutional questions over the closure of 17 Delhi Metro stations during the July protests led by the Cockroach Janata Party (CJP), including whether a public utility can be shut without a specific statutory power or formal order.
A bench, comprising Chief Justice Surya Kant and justices Joymalya Bagchi and V Mohana, issued notice on the plea, which argued that the shutdown violated the constitutional rights of the public at large and failed the tests of proportionality and least restrictive means. The lawyer argued that while the police could regulate a protest on law-and-order grounds, they could not direct the closure of a public utility without statutory authority. Interchange facilities remained available at some stations.
The court said it would therefore examine how the executive discretion was exercised in shutting down the stations. The 17 stations were shut in central Delhi in the wake of the CJP-led agitation at Jantar Mantar in July.
“It concerns the constitutional rights of the public at large and the constitutional standards governing the shutting down of a public utility,” the counsel for the petitioner submitted, stressing that the challenge was not about the rights of the protesters but the rights of ordinary commuters affected by the shutdown. “The police can regulate a protest, but they cannot issue orders directing a public utility to be shut down,” said the counsel, adding that there was a strong need for a standard operating procedure governing closure of Metro stations during protests. “Ordinarily, regulation of movement of vehicles is through directions issued by the Commissioner of Police or Superintendent of Police under the respective police laws,” said the bench while examining the source of the authorities’ power. The Delhi Metro Rail Corporation had cited “security reasons” while suspending entry and exit at stations including Rajiv Chowk, Patel Chowk, Central Secretariat, Mandi House, ITO, Delhi Gate, Indraprastha, Khan Market, Jor Bagh, Shivaji Stadium and the Supreme Court station.
