ON FRIDAY, THE SUPREME COURT asked the Union government not to completely shut Delhi Metro stations and train services ahead of a protest announced by the Cockroach Janata Party (CJP) and opposition parties in Delhi. The protest seeks the resignation of Gyanesh Kumar as Chief Election Commissioner.
The Bench, comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V. Mohana, said that there could not be a complete ban on these services. The government could regulate how they operate, keeping the principle of proportionality in mind, so that the public at large is not put to inconvenience.
CJI Kant observed that not everyone has a car or access to private transport, and that many people depend on public transport. He added that lawyers may have their own cars, but clerks and staff working in places such as Mitti Café would have no way to commute if transport were closed completely.
The Bench accordingly asked Solicitor General Tushar Mehta to impress upon the government the need to allow these services in a regulated manner.
The order was passed in the absence of the organisers of the proposed protests. Before lunch, the Court had asked them to appear, but they were not present when the matter was taken up.
The Bench also flagged concerns about Jantar Mantar as the protest site, noting the lack of basic facilities and the very small area available.
Senior advocate Kapil Sibal agreed, and Mehta said this was a fair observation. The Bench recorded that the competent authority may consider some other place with better facilities for protests.
Advocate Prashant Bhushan said Ramlila Maidan had earlier also been used as a protest site, but that was no longer the case.
Mehta informed the Bench that no permission had been granted for the proposed protest. He also said that the last protest at Jantar Mantar by the CJP had permission for one day but continued for 17 days. He added that police personnel were abused and manhandled, and that it was the government’s duty to maintain law and order.
The matter was heard after lunch, after it was mentioned by a group of lawyers, including Sibal, Vrinda Grover and Gopal Sankaranarayanan. They said the government had closed as many as 57 Delhi Metro stations and cancelled long-distance trains to Delhi.
Advocate Vrinda Grover flagged the deboarding of students from trains on the way to Delhi on the ground that they looked like students and must be going to the protest. She added that hotels and OYO were being asked not to register any guests, and said an environment of fear was being created.
Senior advocate C.U. Singh submitted that transport could not be banned in anticipation. He said a large number of security personnel had been deployed and were there to maintain law and order in case of a breach.
Senior advocate N. Hariharan said even the roads are barricaded. He urged the court that the flow of traffic on the roads must not be halted either.
Senior advocate Nitya Ramakrishnan said the Delhi Police have been going from mosque to mosque since yesterday, intimidating people not to participate in the protest. She said a petition has been filed and that all of this has been stated on oath, with photographs. The CJI assured the listing of the petition on Monday.
CEC Gyanesh Kumar is in the eye of the storm after an Indian Express report last month that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi recorded at least 14 written objections between October 2025 and August 2026 to Special Intensive Revision (SIR)-related steps taken in the name of the Election Commission, which they said were taken without their knowledge or against their advice.