SC seeks Centre's reply on closure of 17 Metro stations in delhi
New Delhi, Sept. 11 -- The Supreme Court on Thursday sought the Centre's response to a plea questioning the closure of 17 Delhi Metro stations during the CJP-led protests in July, including whether a public utility can be shut without specific statutory authority or a formal order.
A bench comprising Chief Justice Surya Kant and justices Joymalya Bagchi and V Mohana issued notice on the plea, which argued that the shutdown violated the constitutional rights of the public and failed the tests of proportionality and least restrictive means. The petitioner contended that the Metro Railways (Operation and Maintenance) Act contained no provision authorising closure of stations in such circumstances and that the decision was communicated through posts on X rather than a formal order. The petitioner's counsel argued that while police could regulate protests on law-and-order grounds, they could not order the closure of a public utility. He also sought a standard operating procedure (SOP) governing such closures. The bench, however, cautioned against treating an SOP as a prerequisite in every law-and-order situation.
"The concept of SOP is actually a mirage. When it comes to a law-and-order, courts have deferred to the executive authority. It is only in cases when it becomes disproportionate that courts step in," it observed.
The 17 stations were shut in central Delhi amid the CJP-led agitation at Jantar Mantar in July, with DMRC citing "security reasons"....
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