The Supreme Court has expressed significant concerns regarding the decision of Delhi Police to shut down 57 metro stations during a planned rally by the Cockroach Janta Party (CJP) in New Delhi. The protest, occurring on Saturday, aims to demand the resignation of Chief Election Commissioner Gyanesh Kumar. The Court indicated that the proposed metro shutdown would infringe upon the rights of citizens who rely on this public transport service.

While addressing the issue, the Court clarified that there would be no absolute prohibition on metro services. It directed the relevant authorities to give due publicity to any decisions regarding the regulation of metro and railway services to ensure minimal disruption to the public. The Court emphasized the necessity of widespread communication of these decisions to avoid further inconveniences to commuters.

Traffic Advisory and Site for Protest Considered

The Supreme Court urged the authorities in the national capital to issue an advisory for road traffic, advising citizens who would be travelling. Solicitor General Tushar Mehta informed the Court that the Central Government would consider designating an alternative location for the protest aside from Jantar Mantar. The bench requested the government to make a well-considered decision regarding this matter.

During the proceedings, the Court reiterated that regulation of services should not equate to an outright ban. Mehta committed to requesting that authorities permit the metro services to operate in a manner consistent with public safety and order. The discussion also underscored the importance of balancing the right to protest with the rights of other citizens.

Arguments from Legal Representatives

Prominent lawyers including Kapil Sibal, Abhishek Manu Singhvi, Prashant Bhushan, and Vrinda Grover, raised objections to the extensive restrictions imposed ahead of the planned protest. They highlighted concerns such as the closure of metro stations, the cancellation of train services, and checks at Delhi’s borders, noting how these measures could prevent ordinary citizens from moving freely.

Sibal questioned the legality of such widespread restrictions throughout the national capital. Singhvi argued that the scale of preventive actions aren’t justifiable without any reported incidents. In response, Solicitor General Mehta defended the police actions, asserting that they were necessary to maintain law and order in the capital.

Discussion on Rights of Citizens

The bench of the Supreme Court expressed concerns regarding the restrictions potentially infringing on the rights of the general public. Justice Joymalya Bagchi noted the need to ensure that citizens could access essential services while still being able to exercise their right to protest. The lawyers contested that authorities are employing measures exceeding those necessary to manage the protest, citing harmful impacts on commuters’ ability to use metro services.

The Chief Justice further questioned the basis of police directives aimed at hotels and the community, with lawyers requesting clarification on the legality of the police’s extensive restrictions and signifying the lack of recorded incidents that warranted such measures. The Supreme Court reaffirmed the fundamental right of citizens to protest. It emphasises that this right must be exercised within the legal framework.

The bench hinted that restrictions could be appropriately tailored, including limiting the number of demonstrators and ensuring they remain peaceful. The Court also established that blockades on highways would be unacceptable. The justices requested that the petitioners present the actual police orders regarding the imposed restrictions.

Sibal indicated that the lawyers would return with documentation pertaining to the permissions sought for the protest and responses from the authorities involved. The Court intends to carefully review the police orders alongside the materials presented to determine the balance between the right to protest and the movement of everyday citizens in the city.

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