NEW DELHI: The Supreme Court on Friday questioned sweeping transport restrictions proposed ahead of a protest by the Cockroach Janta Party (CJP) scheduled for Saturday, October 10, saying public transport could not be brought to a standstill in the name of maintaining law and order.
The court made it clear that there could be no complete prohibition on the movement of Delhi Metro trains. It recorded Solicitor General Tushar Mehta’s assurance that the authorities would be asked to allow metro and other railway services to operate in a regulated manner to minimise inconvenience to the public.
Highlighting the difficulties commuters could face, the court noted that thousands of people travel to Delhi from neighbouring areas, including Gurugram and Greater Noida, for work and education. Students, employees, senior citizens and others depend on public transport, and not everyone has access to a private vehicle, it observed.
Emphasising the principle of proportionality, the court remarked that a hammer should not be used to kill a fly. While authorities were entitled to take preventive measures to maintain law and order, restrictions should go no further than necessary and should not deprive ordinary citizens of access to essential transport facilities.
The proceedings followed a proposal to close the entry and exit gates of 57 metro stations ahead of Saturday’s planned protest. The court also directed the authorities to issue a traffic advisory for road users and ensure that decisions on transport restrictions were given wide publicity.
Delhi Police had denied permission for the proposed demonstration at Jantar Mantar, citing the organisers’ alleged failure to comply with conditions imposed during an earlier protest, as well as public safety and law-and-order concerns.