Supreme Court calls Delhi's total metro ban overreaching, orders regulation

The Court addressed whether these absolute bans on public transport were justified and directed the authorities to regulate rather than prohibit services.

Who it concerns: Petitioner: M A Baby; Respondents: Union of India & Ors.; Bench: Hon'ble The Chief Justice, Hon'ble Mr. Justice Joymalya Bagchi, Hon'ble Mrs. Justice V. Mohana.

What the court decided

• The Court directed the authorities to permit the operation of Metro trains and other rail services in a regulated manner rather than imposing an outright prohibition.
• The Court ordered that a traffic advisory be published in newspapers and online platforms to ensure smooth vehicle movement and public clarity.
• The Court directed the Competent Authority to consider identifying and designating suitable alternative sites for peaceful protests to provide basic amenities.
• A compliance report was ordered to be filed by the Delhi Metro Rail Corporation, Railway authorities, and Delhi Police (Traffic) within four days.

Also in the document

• The Court noted that the initial police notifications were 'overreaching' as they imposed a complete ban on essential public transportation.
• The Solicitor General of India agreed to impress upon the authorities to reassess the prohibitions to adhere to principles of proportionality.
• The Court clarified that while there is no outright prohibition, prudent decisions may be made to regulate train operations, provided such decisions are widely publicized.