Supreme Court Orders Regulated Metro Services Amid CJP Protest Plans in Delhi

New Delhi: The Supreme Court on Friday ordered that there should be no complete stoppage of Metro train services ahead of the proposed protest in the national capital on Saturday, and directed the Centre to ensure that Metro and other railway services are allowed to operate in a suitably regulated manner to minimise inconvenience to the public. Even as the CJP is bent on going ahead with the shutdown, the Delhi Police today said permission for the demonstration has been denied due to the organisers' failure to comply with legal directions and their own undertakings during an earlier protest.

A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V. Mohana passed the order after Solicitor General Tushar Mehta agreed to impress upon the authorities to reconsider the restrictions imposed ahead of a proposed demonstration by the Cockroach Janta Party (CJP) seeking accountability from Chief Election Commissioner Gyanesh Kumar.

The apex court said the issue before it was whether the complete stoppage of Metro trains and railway services from certain stations constituted a proportionate restriction in view of the proposed protest.

Observing that there was a distinction between completely prohibiting movement and regulating services, the CJI-led Bench said the authorities should keep the principle of proportionality in mind while taking preventive measures.

SG Mehta, the Centre's second-highest law officer, assured the top court that the authorities would reconsider the prohibition and allow the movement of Metro trains and other railway services in a regulated manner so that residents of Delhi and the public at large did not face inconvenience.

"In terms of that assurance, we make it clear that there shall be no complete prohibition on the movement of metro trains," the Supreme Court said.

It also directed the authorities to give wide publicity to their considered decision on the regulated operation of Metro and other railway services so that commuters were not subjected to further inconvenience.

It further directed that a traffic advisory be published for the benefit of people travelling within the national capital to ensure that they did not face unnecessary hardship.

The CJI-led Bench asked the Centre to consider the proposal and take an appropriate decision on designating a suitable venue for such demonstrations.

The order came amid concerns over the proposed closure of 57 Metro stations and the cancellation or rescheduling of several trains scheduled to arrive at New Delhi and Hazrat Nizamuddin railway stations on October 10.

The Delhi Police has denied permission for the proposed protest, citing concerns over public safety, traffic regulation, and law and order. It has also said that Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) is in force in the New Delhi area.

In its order, the Supreme Court granted liberty to the organisers of the proposed protest to approach it through an urgent petition, noting that no such petition had been filed so far.

Addressing a press conference, Joint Commissioner of Police (New Delhi Range) Nupur Prasad said the police had received an application from Sourav Das, co-convenor of the Cockroach Janta Party (CJP), regarding a proposed protest at Jantar Mantar seeking accountability from the Chief Election Commissioner (CEC).

"The intimation was considered, and it was found that it was given at very short notice. As per the prescribed guidelines, the intimation has to be received 10 days prior to the planned protest," she said.

Prasad further said that on an earlier occasion, the CJP had been granted permission to hold a protest at the venue, but it had failed to comply with lawful directions and its own undertakings.

"Therefore, due to the failure to follow the legal directions and their own undertakings, and considering the prevailing law-and-order situation, public safety and traffic regulation, permission has been rejected this time," she said. (IANS)

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