Supreme Court hears plea against metro closures ahead of CJP protests.

A contempt petition has been filed in the Supreme Court alleging that the Central government has violated the court’s order to lift restrictions on metro and train services. The top court had, in its October 9 order, has asked the government to take a decision on the operation of Metro trains and other rail services in a suitable and regulated manner.

"...a traffic advisory shall also be published in respect of smooth movement of vehicles in newspapers and on online platforms to ensure that no hardship or inconvenience is caused to the public in the course of traveling within the city. The order will be issued today to ensure that the decision receives publicity and that there is ample clarity on the prevailing circumstances," the Supreme Court had ordered yesterday in a petition filed by CPI(M) leader MA Baby.

The petition, filed by advocate Shailendra Mani Tripathi, stated that despite the court’s clear order requiring the Centre to ensure that the public was not inconvenienced in any manner, no traffic advisory had been published in newspapers and there had been no change in the decision to shut down 57 metro stations and cancel several Delhi-bound trains terminating at New Delhi and Hazrat Nizamuddin stations.

The plea has named Union home secretary Govind Mohan, Delhi Police Commissioner Anurag Kumar, and Delhi Metro Rail Corporation (DMRC) chairperson D Thara as contemnors.

"Notwithstanding the solemn judicial mandate and the assurance recorded before the Bench of Hon’ble the Chief Justice, the Contemnors have consciously maintained a blanket shutdown across transit corridors, persisted with unwarranted train cancellations, and failed to issue or publicize transparent traffic and transit advisories. This deliberate recalcitrance has severelycrippled public life across the National Capital Territory, stranding essential travelers, and amounts to an intentional attempt to bypass and undermine the authority and majesty of this Hon’ble Court," the petition filed through AOR Chand Qureshi adds.

Yesterday, as the Supreme Court heard a plea alleging indiscriminate closure of 57 metro stations and cancellation of trains, the Centre had defended its decision, saying the citizens lives cannot be put to risk and its decision is essential to maintaining law and order in the national capital.

CJI Surya Kant asked the Centre to consider relaxing the restrictions a bit so that citizens day to day lives are not affected. SG Mehta assured the bench that he would take up the issue with the government, but at the same time some leeway has to be granted to the enforcement agencies. Court has asked the Centre to reconsider and take a call.

The government's order was issued ahead of the Cockroach Janta Party protests scheduled for tomorrow October 10 against the Chief Election Commissioner Gyanesh Kumar over the SIR row. Notably, the protests have not been granted the requisite permissions.

Solicitor General Tushar Mehta yesterday had also cited the incidents that occurred during the recent protests organised by CJP over the NEET Paper leak, and told the bench, "On June 20th permission was sought for protests...that was given..A written undertaking was given that the place will be vacated in one day..it continued for 17 days and there were several penal violations..They marched to the Parliament which is a sovereign place..200 plus police officers were injured..the picture which is created today that entire city is paralysed..entire city is closed..internet is banned...that is only for a particular area..from Raisina road..it is a proportional order...lady police officers were molested yesterday...they were being abused...this was also a protest that was not permitted..".

"I will not put at risk the lives of citizens..calls are being given that reach Delhi..", the SG further told a bench comprising Justices Joymalya Bagchi and V Mohana. Court was further told that some leeway has to be given to the law enforcement agencies so that they are able to maintain law and order.

Case Title: SHAILENDRA MATI TRIPATHI VERSUS GOVIND MOHAN & Ors  

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