http://chroniclecraze.blogspot.com/
Written By:- BarkatKhan
Chronicle Craze News Desk
But on Friday, the Supreme Court stepped in with a message that resonated with ordinary citizens: you cannot bring an entire city to a halt.
The Court's concern was not about the protest itself. It was about the collateral damage to millions of commuters who had nothing to do with the demonstration.
"Our concern is not with respect to any protesters or any individual. Our concern is about the hundreds and thousands of commuters who come from Gurugram, Greater Noida, East Delhi and South Delhi to Delhi for their livelihood," Chief Justice Surya Kant said from the bench .
"They are students, employees and senior citizens who travel by public transport. Everybody does not have a car. Everybody does not have access to private transport. People depend on public transport. This cannot be done" .
The Court's message was unambiguous: regulate, don't paralyze.
The restrictions were staggering. Stations affected included major hubs like Rajiv Chowk, Central Secretariat, Kashmere Gate, Hauz Khas, Mandi House, and Janpath . For a city that sees millions of metro rides daily, the impact would have been catastrophic.
Solicitor General Tushar Mehta, representing the government, initially defended the measures as necessary "for preventing anything unlawful" . But as the Court pressed on the distinction between regulation and complete prohibition, Mehta conceded.
"I will consult the government. The restrictions can be regulated and periodically reviewed depending on how the situation develops," he told the bench.
"We make it clear that there shall be no complete prohibition on the movement of metro. A considered decision may be taken to allow metro and other rails in aptly regulated manner so that no inconvenience is caused to public at large and such decision shall be given wide publicity" .
The Court further directed that advisories be published in newspapers and on websites "so that no hardship is caused to public while travelling inside the city" .
The bench also suggested that the competent authority consider designating an alternative site for peaceful protests—one with proper amenities—instead of Jantar Mantar .
"You can stop unruly mob but don't do anything that hurts common citizen," the CJI remarked.
"All trains are cancelled. Metro stations are closed. You cannot move anywhere. What is happening to my country? This is a peaceful protest," Sibal submitted .
He pointed to a compilation showing 221 companies of Central Armed Police Forces—approximately 23,000 personnel—being deployed, detention centres being prepared, and checks being conducted at Delhi's borders .
Justice Bagchi acknowledged the complexity of balancing competing rights.
"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 the designated place. That definitely affects common citizenry rights," he observed .
But the Supreme Court's intervention was not about endorsing or rejecting the protest. It was about a fundamental principle: the state's responsibility to maintain law and order cannot come at the cost of citizens' access to essential services.
"Young people, elderly all travel. Commuters have a right to basic facilities," the Court noted .
The judgment serves as a reminder that in a democracy, the right to protest and the right to mobility must coexist—and that the state's response must be proportionate, not punitive.
But the order also carries a deeper message for authorities: anticipating a problem is not the same as responding to one. Preemptive measures that cripple a city's lifeline affect the very citizens the state is supposed to protect.
As Delhi navigates the tensions of Saturday's planned protests, the Supreme Court's words will echo: "Make sure everything is not halted" .
For millions of commuters who simply wanted to get to work, school, or home, that assurance is not just constitutional law—it's the difference between participating in city life and being locked out of it.
No comments:
Post a Comment