SC Issues Notice to Union Govt Over Closure of 17 Delhi Metro Stations During July Student Protests

New Delhi: While hearing a plea over the closure of 17 Delhi metro stations during the Cockroach Janta Party (CJP)-led student protests in the national capital July, the Supreme Court on Thursday (September 10) issued notice to the Union government, reported Hindustan Times.

The plea asks whether a public utility can be shut down without a specific statutory power or formal order.

The petition argues that there is no provision under the Metro Railways (Operation and Maintenance) Act that authorises the shutting down of Metro stations in such circumstances. It also highlights that instead of a formal order, the decision was communicated to the public through posts on “X”.

“It concerns the constitutional rights of the public at large and the constitutional standards governing the shutting down of a public utility. The police can regulate a protest, but they cannot issue orders directing a public utility to be shut down,” the counsel for the court submitted in court on Thursday.

The counsel for the petitioner added that there was a strong need for a standard operating procedure (SOP) governing closure of Metro stations during protests.

However, the bench, comprising Chief Justice of India (CJI) Surya Kant along with Justices Joymalya Bagchi and V Mohana cautioned against treating an SOP as a legal prerequisite in every law-and-order situation.

“The concept of SOP is actually a mirage. When it comes to a law-and-order question, courts have deferred to the executive authority. It is only in cases when it becomes disproportionate that courts step in,” observed the court.

“Ordinarily, regulation of movement of vehicles is through directions issued by the Commissioner of Police or Superintendent of Police under the respective police laws,” the bench added.

In wake of the student protests, the Delhi Metro Rail Corporation (DMRC) had closed several key Metro stations including Janpath, Rajiv Chowk, Patel Chowk, Central Secretariat and Seva Teerth citing “security reasons.”

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