Delhi protests: Can't use hammer to kill fly, says SC amid stringent curbs

The Supreme Court has directed authorities to avoid a blanket shutdown of transport services in Delhi amid a major security clampdown ahead of a protest seeking the CEC's resignation

In a security clampdown that the national capital has not witnessed in decades, the government on Friday took a slew of measures to prevent protesters from gathering at Jantar Mantar on Saturday to demand the resignation of Chief Election Commissioner Gyanesh Kumar. The protest has been called by the Cockroach Janta Party (CJP), the Left and Congress-supported students’ unions. 

Kumar is facing allegations of voter-list tampering through the Special Intensive Revision (SIR) of electoral rolls and of bypassing his two colleagues to alter Form 6, a key document to register as a voter. 

The government ordered the closure of 45 metro stations, deployed 25,000 police and paramilitary personnel in the national capital and suspended internet services within a four-kilometre radius of the protest for 24-hours until Saturday night. It also carried out intensive checks at the national capital’s border points, railway stations, bus terminals, hotels and other locations, and also visited schools to advise students and teachers to not participate in Saturday’s protests. 

 

Separately, the Ministry of Railways cancelled 75 mail and express trains reaching or departing from Delhi on Saturday, citing congestion fears. 

These measures prompted the Supreme Court (SC) to observe that the administration “cannot use a hammer to kill a fly”. It directed the Centre and Delhi authorities to ensure that train and metro services are not completely suspended ahead of the protests. 

A Bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana said services could be regulated to address security concerns, but a blanket shutdown would cause undue hardship to the public. “Regulation cannot mean complete prohibition,” the Bench observed. 

The court directed authorities to publicise transport restrictions through advisories, newspapers and websites. It also asked officials to issue a traffic advisory and review road closures and barricading to facilitate movement wherever possible. 

The directions came while hearing petitions, including one filed by Communist Party of India (Marxist) General Secretary MA Baby, challenging the restrictions. 

During the hearing, the Chief Justice told Solicitor General Tushar Mehta, appearing for the Centre, that the court was concerned about the impact on ordinary commuters, including employees, students and senior citizens travelling to Delhi from Gurugram, Greater Noida and other parts of the National Capital Region. 

Mehta said the restrictions were prompted by security concerns following violence during an earlier attempt by CJP protesters to march towards Parliament on July 20. He disputed the petitioners’ contention that Delhi had effectively been shut down and said internet restrictions were limited to sensitive areas around Rashtrapati Bhavan and Raisina Road, subject to review based on security assessments. 

The Bench said authorities were entitled to maintain law and order, but their actions had to be proportionate. The state’s responsibility extended to protecting ordinary citizens and ensuring they were not left without transport, it said. 

Trains cancelled 

All trains starting from the source station after 2 pm on Friday, and reaching New Delhi or Hazrat Nizammudin stations between 4 am and 2 pm on Saturday were cancelled, according to a communication from the railway board’s principal executive director of coaching issued on Friday. 

The Railways clarified that around 165 trains are to reach New Delhi and Hazrat Nizamuddin on Saturday, of which 40 have been cancelled. These include the Kanpur Shatabdi Express, the Lucknow Mail, Yuva Express and CMST Rajdhani Express travelling from Mumbai, and the Howrah Rajdhani. Two Delhi-bound trains from Mumbai have been rescheduled. 

Travellers stranded at Patna junction after trains bound to Delhi were cancelled (Photo: PTI)

 

To ensure that passengers do not face similar hardship, Railways has taken a proactive, precautionary step, said an official.

Notably, in light of the restrictions on the arriving trains, 35 mail and express train departures from Delhi have been cancelled. All of this is in addition to many sets of short-distance trains which have also been cancelled. The railways did not give a number on the short-distance trains cancelled at the time of publishing. 

A Railways veteran said that cancellation of trains citing “road congestion” and non-availability of incoming rakes is unprecedented in recent rail history. There also haven’t been any major reports of mass cancellations anticipating a protest, the former official said. 

Meanwhile, Delhi Police also asked the Delhi Metro Rail Corporation (DMRC) to close 45 stations, including but not limited to major office clusters in central Delhi starting 9 pm on Friday. 

The corporation has also closed stations near the border and student hotspots such as GTB Nagar. 

Around Friday evening, DMRC, accepting the police’s earlier request, shut down 57 stations starting Friday night. 

Previously, DMRC had also closed several stations in central Delhi and adjoining areas when the protests calling for the resignation of erstwhile education minister Dharmendra Pradhan were going on —  the shutdown of over a dozen stations ran on for several days. 

Moreover, the National Capital Region Transport Corporation (NCRTC), which runs India’s sole Regional Rapid Transit System (RRTS) between Delhi and Meerut, also announced that Namo Bharat Stations at Sarai Kale Khan and New Ashok Nagar will remain closed from 9 pm on Friday to 10 pm on Saturday. 

“During this period, Namo Bharat train services between Anand Vihar (Delhi) and Modipuram (Uttar Pradesh) will continue to operate smoothly as per the scheduled timings,” NCRTC said. 

Police clampdown 

Police forces in the Bharatiya Janata Party (BJP)-ruled states, such as Madhya Pradesh, detained youth, including women, midway while travelling on trains from Maharashtra to New Delhi. There were also alleged house arrests in various parts of the country. 

Central Delhi was extensively barricaded, and security was stepped up on Delhi’s borders, reinforced concrete barriers were put in place, with police and Border Security Force (BSF) personnel stationed at key points. 

The police said the elaborate security arrangements were aimed at preventing protesters from staging an “unauthorised sit-in at Jantar Mantar” and to maintain law and order across the city. 

Opposition leaders, who marched from Parliament House to the Rashtrapati Bhavan termed it an “emergency-like situation”. There were dissenting notes from within the BJP-led National Democratic Alliance as well. 

Lok Janshakti Party (Ram Vilas) chief Chirag Paswan said no one can stop the youth, and connectivity cannot be disrupted for a long time. Paswan is a Union minister in the Prime Minister Narendra Modi-led government at the Centre. “Bharat ke yuva hain ye, inko koi nahi rok sakta prabhu. Jo log aise bhram failaine ka prayaas karte hain — kitni trains koi rok lega? Kitni connectivity koi rok lega? Kitni sadko koi koi jam kar dega? (They are the youth of India; no one can stop them. Those who are trying to create such illusions… how many trains can one stop, how much connectivity can one disrupt, how many roads can be blocked?)” Paswan asked. 

Addressing a press conference, Delhi Police Joint Commissioner Nupur Prasad said that police have denied permission for the proposed October 10 demonstration, pointing to the short notice given for the event and alleged violations of rules and directions during an earlier protest. She said the application seeking permission for the demonstration was submitted on October 7, just three days before the proposed gathering, adding that according to rules, such applications have to be submitted at least 10 days in advance. 

There is a possibility of restrictions on vehicles entering New Delhi after 6 am on Saturday, depending on the security assessment and the situation on the ground, police sources said. Hotels, lodges, guest houses and dharamshalas are being checked as part of the preventive security exercise. Police are also issuing appeals from various mosques and temples, urging people to maintain peace.