Noting that a total shutdown of Delhi Metro and railway services to deal with the October 10 CJP protest against CEC Gyanesh Kumar would affect the rights of citizens, the Supreme Court on Friday asked the Government to ensure that there was no complete prohibition on such services.“We make it clear that there shall be no complete prohibition on movement of Metro. A considered decision may be taken to allow (Delhi) Metro and other trains in an aptly regulated manner so that no inconvenience is caused to public at large and such decision shall be given wide publicity,” a Bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana said.There’s a difference between complete prohibition and allowing services in a regulated manner, the top court noted.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 Tushar Mehta agreed to impress upon the authorities to reconsider the prohibition and allow the movement of Metro trains and other railway services in a suitably regulated manner so that no inconvenience was caused to the residents of Delhi and the public at large, keeping in mind the principle of proportionality.Mehta also told the Bench that the competent authority will consider designating a place other than Jantar Mantar in the National Capital for peaceful protests‘Parties agree that it’s high time that some other place with amenities for peaceful protestors need to be identified and designated. Let the competent authority consider the suggestion and take appropriate decision,” the Bench recorded in its order.The Bench noted that since the counsels didn’t represent the organizers of the October 10 protest, the only issue to be considered was the inconvenience caused to common citizens in view of the prohibitory orders issued by the Delhi Police, the orders issued by the Delhi Metro regarding closure of Metro stations and the communication issued by the Railways regarding cancellation of Delhi-bound trains.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.“Before us is a document which appears to impose a blanket ban on certain common facilities relating to transport, access to other essential facilities and designated places. That definitely affects ordinary citizens. We have a balance to make between the rights of a group of citizens who wish to protest and the rights of another group, perhaps a much larger group, who want access to common and essential facilities. The State stands between the two,” Justice Bagchi said.Sankaranaraynan said the top court will have to examine if the measures taken by the authorities were proportionate.Singhvi said unprecedented measures were being imposed in the national capital. “221 CAPF companies…10 detention centres being prepared…trains to be regulated…OYO hotels asked to not take fresh bookings…actions against YouTubers…media asked to carry IDs…Delhi police issuing advisory not to participate in protest…” Singhvi submittedEarlier, the Delhi Police denied permission to the Cockroach Janata Party (CJP) to hold a protest against CEC Gyanesh Kumar 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 the New Delhi District for October 10, citing concerns over public safety, law and order, and traffic management.


