Supreme Court Asks Centre To Review Closure of 57 Metro Stations

New Delhi: The Supreme Court on Friday asked the Centre to reconsider the closure of 57 Metro stations and the cancellation of trains ahead of Saturday’s Cockroach Janta Party protest, saying public transport could not be brought to a complete halt.

The court said restrictions to maintain law and order must be proportionate and should not unduly inconvenience commuters. It also asked the authorities to consider designating an alternative venue to Jantar Mantar for peaceful protests.

A three-judge bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana was hearing a petition challenging the suspension of train and Metro services ahead of the CJP and Opposition protest demanding the resignation of Chief Election Commissioner Gyanesh Kumar.

The bench expressed concern over the closure of the Metro stations from 9 pm on Friday until further orders and the cancellation of main and express trains.

“One very important principle that we follow for every citizen is the principle of proportionality. You have to prevent certain things. Take measures only to the extent necessary to prevent them. But that does not mean you use a hammer to kill a fly. That principle must be kept in mind,” the CJI told Solicitor General Tushar Mehta.

Mehta said he understood the court’s concerns and would discuss them with the authorities. He added that the hammer analogy was illustrative and should not be reported as a finding that the government was using excessive force.

“Exercise caution in abundance. There is nothing wrong with that. You are responsible for maintaining law and order. But that responsibility is not merely about protecting the State property; it is about protecting people. That is your sovereign duty,” the CJI said.

The bench said children, senior citizens and patients depended on public transport and needed protection.

“There is absolutely no difficulty with taking appropriate measures. But make sure that everything is not brought to a halt. There cannot be complete prohibition,” it said.

The court said its concern was for the thousands of commuters travelling from Gurugram, Greater Noida, East Delhi and South Delhi for work, education and other needs.

“You can regulate the frequency of trains, but don't stop it altogether,” Justice Bagchi told Mehta.

The solicitor general submitted that a complete stoppage could be proportionate depending on the circumstances. Since the situation could not be anticipated fully, law enforcement agencies needed some leeway, he said.

Justice Bagchi acknowledged the submission but questioned whether an order closing Metro stations from Friday night until further orders could be considered a regulatory measure.

Justice Mohana also expressed concern after lawyers submitted that barricades were obstructing traffic across the city.

“If tomorrow anything untoward happens, who will be responsible? Some measures are required but in a proportionate manner,” she said.

Mehta disputed the claim that the entire city had been shut down. He said the authorities had taken proportionate measures in view of violence following the CJP protesters’ attempt to march to Parliament on July 20.

He said an internet shutdown was confined to sensitive pockets within a four-kilometre radius of the President’s House and would be reviewed on the basis of security inputs.

When advocate Vrinda Grover raised allegations that police were visiting mosques and hotels and advising people against joining the protests, the bench declined to examine the issue solely on those statements, noting that none of the aggrieved parties was before it.

The court was also informed that police had denied the CJP and the Indian Youth Congress permission to demonstrate at Jantar Mantar.

In its order, the bench asked the competent authority to consider identifying a suitable venue with basic amenities for peaceful and lawful protests. Mehta said the Centre would consider the suggestion.