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Can’t bring everything to halt, SC tells govt on railway curbs for CJP protest

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Noting that the government cannot bring everything to a halt to deal with the October 10 CJP protest against CEC Gyanesh Kumar, the Supreme Court on Friday directed the Centre to ensure that there was no “complete prohibition” of the movement of Metro and trains coming to Delhi.The Bench comprising Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was hearing a plea against the closure of 57 Metro stations and cancellation of trains to Delhi in view of the protest.It told Solicitor General Tushar Mehta, appearing for the Centre, that there was a distinction between complete prohibition and regulation of the movement of Metro and other trains.It asked the Centre to take appropriate decisions in “a suitably regulated manner” to ensure that “inconvenience to the public at large is minimised”.The Bench expressed serious concern over the closure of entry and exit gates at several Delhi Metro stations and the cancellation of trains. “One should not use a hammer to kill a fly,” the Bench said.It said that while the law enforcement agencies were entitled to take preventive measures to maintain public order, these must be proportionate to the threat and should not cause undue hardship to ordinary citizens.“We are mainly concerned about the complete closure of these Metro station entries. We have serious concerns about this,” the CJI told Solicitor General Mehta.The court said its concern was not with the protesters or any individual, but with thousands of commuters travelling every day from Gurugram, Greater Noida and other parts of the NCR to Delhi for work, education and other essential activities.“They are students, employees and senior citizens who travel by public transport. We are speaking on behalf of the common citizens of this city,” the CJI observed. “Everybody does not have a car. Everybody does not have access to private transport. People depend on public transport. This cannot be done,” he said.The Bench asked the government to publish an advisory in newspapers and on news websites so that no hardship was caused to the public.The order came after Solicitor General Mehta agreed to impress upon the authorities to reconsider the prohibition and allow the movement of Metro and other railway services in a suitably regulated manner. He told the Bench that the competent authority would consider designating a place other than Jantar Mantar in the national capital for peaceful protests.“Parties agree that it is high time that some other place with amenities for peaceful protesters need to be identified and designated. Let the competent authority consider the suggestion and take appropriate decision,” the Bench recorded in its order.Earlier, noting that it will have to strike a balance between competing rights of protesters and common citizens, the Bench agreed to take up the matter after lunch break today itself after senior counsel Kapil Sibal mentioned a petition filed by CPI(M) leader MA Baby for an urgent hearing.“All trains are cancelled. Metro stations are closed. You cannot move anywhere. Hotels are closed to people. Nizamuddin is closed. RWAs are being told that people cannot come out. What is happening to my country? This is a peaceful protest. It’s our country. How can this happen? How can this be?” Sibal submitted.Sibal was supported by senior advocates Gopal Sankaranaraynan and AM Singhvi and advocates Prashant Bhushan and Vrinda Grover.“A peaceful protest is not unlawful. There is no question of shutting down an entire city because we are incapable of handling some protesters. These are preventive measures. Nothing has happened yet,” Sankaranaraynan submitted.Earlier, the Delhi Police denied permission to the CJP to hold a protest at Jantar Mantar on Saturday, citing the late submission of its application and alleged violations of conditions during a previous demonstration.The police have issued prohibitory orders across New Delhi district for October 10, citing concerns over public safety, law and order, and traffic management.

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