Supreme Court to Hear Contempt Petition on Delhi Metro Shutdown

The CSR Journal Magazine

The Supreme Court is scheduled to hear a contempt petition on Sunday regarding the alleged violation of its directive concerning the operation of metro and train services in Delhi. The case will be evaluated by a bench consisting of Justices Joymalya Bagchi and V Mohana, as indicated in the cause list for October 11 on the court’s website. Advocate Shailendra Mani Tripathi has filed this petition through advocate Chand Qureshi, naming several officials, including Union Home Secretary Govind Mohan and Delhi Metro Rail Corporation chairperson D Thara, as respondents.

The petition claims that the authorities disregarded an October 9 order from the court, which prohibited a complete shutdown of metro services in light of protests initiated by the Cockroach Janta Party and various student organisations. This protest targets Chief Election Commissioner Gyanesh Kumar, alleging misconduct within the Election Commission.

When addressing a prior petition on Friday, a bench comprising Chief Justice Surya Kant and Justices Bagchi and Mohana instructed the Centre to ensure that there was no total prohibition on public transport services in the capital on October 10, emphasising that while authorities could manage unruly behaviour, civilians should not face undue inconvenience.

Claims of Disregard for Supreme Court Orders

The contempt petition alleges a violation of citizens’ fundamental rights, accusing the Delhi Metro, Delhi Police, and the Union government of intentionally disobeying the court’s orders. The petition characterises this as a “brutal assault” on civil liberties, asserting that the actions taken by the authorities represent a deliberate effort to disrupt normalcy in Delhi.

It continues by stating that, in spite of the court’s ruling and prior assurances provided to it, the respondents maintained a widespread shutdown across transit corridors. Furthermore, the authorities are accused of imposing unwarranted train cancellations and failing to communicate adequately about public transport advisories, thereby severely affecting commuting in the capital.

The petition highlights that 45 metro stations were closed from 9 pm on Friday until 6 pm on Saturday, citing security concerns as the justification. Shailendra Mani Tripathi reportedly experienced direct impacts from this closure when he attempted to access the GTB Nagar and Vishwavidyalaya metro stations on Friday evening, only to find entry gates shut while exit gates were sporadically operated.

Request for Judicial Action Against Authorities

The plea calls for the initiation of contempt proceedings against the named respondents for what is described as wilful disobedience of the October 9 court order. Additionally, the petition seeks an urgent interim directive to lift the overarching prohibitory orders affecting metro and railway operations, alongside demands for a regulated operational schedule to be made widely known to the public.

Furthermore, the petitioner has requested that the court summon the respondents to explain why they should not face punishment for contempt, given their alleged failure to adhere to the Supreme Court’s directives. The October 9 ruling emphasised the need for an appropriate distinction between total prohibition and the regulatory measures of metro and rail movements, expressing concern about excessive restrictions imposed on essential public transport.

Solicitor General Tushar Mehta had communicated to the court that, following consultations, restrictions could be revisited based on the prevailing situation. This ongoing legal matter highlights significant issues surrounding public transport management during times of civil unrest, with a focus on ensuring that constitutional rights are upheld.

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