Don't use hammer to kill a fly: SC on curbs ahead of CJP's protest

New Delhi: The Supreme Court on Friday directed the Centre and authorities in Delhi to reconsider sweeping restrictions on public transport and road movement ahead of the Cockroach Janata Party's (CJP) proposed protest on Saturday, making it clear that Metro services cannot be completely suspended and that security measures must not bring public transport to a halt.

A three-judge bench headed by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and V Mohana asked the authorities to review proposed restrictions on Metro stations, railway services and roads to ensure that commuters are not subjected to disproportionate hardship in the name of maintaining law and order.

"Everybody does not have a car... You cannot bring everything to a halt and leave people without any transport facility," CJI Kant observed, pointing to the difficulties that students, employees, senior citizens and other commuters travelling from Gurugram, Greater Noida and other parts of the National Capital Region would face.


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The bench said authorities could regulate movement wherever necessary but must ensure that restrictions remained proportionate to the situation. "Take measures only to the extent necessary. But that does not mean you should use a hammer to kill a fly. That principle must be kept in mind," it observed.

The court made it clear that there should be no complete prohibition on the movement of Metro trains and said services should continue in a regulated manner.

The bench also asked the authorities to revisit road closures and ensure the free flow of traffic, identifying locations where restrictions were necessary and those where they could be avoided. It stressed the need to ensure public movement and issue appropriate traffic advisories.

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"It appears that the notifications are overreaching, as they impose a complete ban upon essential public transportation. Upon our indication that a distinction exists between total 'prohibition' and the 'regulation' of Metro and other train movements, Solicitor General of India has fairly agreed to impress upon the authorities to reassess such prohibitions. Consequently, they will permit the operation of Metro trains and other rail services in such a regulated manner, that no inconvenience is caused to the residents and general public of Delhi, while adhering to the principles of proportionality", the court said in its order.