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India's Supreme Court urges authorities not to halt Delhi metro before protest

India's Supreme Court urges authorities not to halt Delhi metro before protest

The court said transport curbs would affect residents across the capital region and asked authorities to keep rail and metro services running under regulation.

India’s Supreme Court on October 9 heard a challenge to train cancellations and planned metro restrictions ahead of a Cockroach Janta Party (CJP) protest at Jantar Mantar. It voiced concern that closing station entry gates would disrupt thousands of students, workers and older residents travelling from Gurugram, Greater Noida and elsewhere in Delhi-NCR.

Chief Justice Surya Kant said authorities could not bring transport to a complete stop and leave people without a way to travel. The court asked the central government to ensure metro trains continued to run and services were regulated to reduce public inconvenience.

The bench distinguished the right to peaceful assembly at a designated site from holding a demonstration without permission. Justice Joymalya Bagchi said a protest without permission could be unlawful and expose participants to prosecution. Kapil Sibal, appearing for CPM lawmaker M. A. Baby, argued that citizens could protest, including spontaneously.

The court indicated it could reconsider restrictions if organisers challenged Delhi Police’s denial and gave assurances about peaceful conduct. Possible conditions included stating expected attendance, carrying no weapons and complying with public-order directions. Police had denied CJP permission, citing a late notice, alleged violations at an earlier protest and safety and traffic concerns. It said the application arrived on October 7, although guidelines require 10 days’ notice.

Authorities said Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which allows preventive restrictions to maintain public order, was in force in New Delhi. Police warned of legal action for violations.

The hearing came amid train cancellations and announced restrictions at metro stations. The Associated Press reported heightened security and transport measures ahead of Saturday’s expected demonstration. At the time of the hearing, permission for the Jantar Mantar protest remained disputed.

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