SC flags 'overreaching' Metro ban, asks Delhi to designate protest sites with amenities
Synopsis
Key Takeaways
The Supreme Court on Friday, 9 October 2026, directed competent authorities to identify and designate suitable alternative sites equipped with basic amenities for holding peaceful and lawful protests in New Delhi, observing that it was 'high time' such infrastructure was made available to demonstrators. The direction came as the apex court also flagged Metro and railway service restrictions imposed ahead of a proposed protest at Jantar Mantar as potentially 'overreaching.'
What the Supreme Court Directed
A Bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V. Mohana noted that senior counsel and counsel for all parties were in agreement that designated protest zones with proper infrastructure were long overdue. The court's order stated: 'Suitable alternative sites capable of housing such infrastructure need to be identified and designated. Let the Competent Authority consider this suggestion and take an appropriate decision thereon.'
The Bench stopped short of issuing a binding mandate, framing the direction as a suggestion to be acted upon by the competent authority — but the unanimity among parties on record lent the observation considerable weight.
Metro and Railway Restrictions Under Scrutiny
The court recorded that Delhi Police had issued communications to the Delhi Metro Rail Corporation (DMRC) and zonal railways directing the cessation or cancellation of certain train services, citing the risk of unruly mob movement toward sensitive locations. The restrictions included a reduction in Metro frequency through 57 stations and the closure of their entry and exit gates from 9 pm on 9 October, continuing through 10 October until the situation normalised.
The apex court drew a sharp distinction between regulating public transport and outright prohibiting it, observing that the notifications appeared to be 'overreaching' by imposing a complete ban on an essential public service. Notably, this is not the first time courts have pushed back on blanket transport suspensions tied to protest situations — similar concerns were raised during earlier agitations in the capital.
Solicitor General's Assurance
Solicitor General Tushar Mehta agreed to impress upon the authorities to reassess the prohibitions and allow Metro trains and other railway services to operate in a suitably regulated manner, ensuring that residents and the general public were not inconvenienced. The court clarified that any regulation must conform to the principle of proportionality — curtailment must match the actual threat, not exceed it.
Compliance Deadlines and Public Advisories
The Supreme Court directed DMRC, the concerned railway authorities, and Delhi Police (Traffic) to file a compliance report within four days. It also ordered that any decision on regulated Metro and railway operations receive wide publicity. Additionally, the court directed that a traffic advisory be published in newspapers and on online platforms to ensure smooth vehicular movement and prevent unnecessary hardship to city commuters.
With a compliance report due within four days and authorities now tasked with revisiting both transport restrictions and long-term protest infrastructure, the matter is set to return to the apex court for further review.