The Supreme Court has requested the government to reconsider its decision on curbing metro and train services. (Representational image)
Former Supreme Court judge, justice Abhay Oka who was also previously Judge of the Bombay high court told TOI, “ The restrictions and cancellation of long distance trains to Delhi and even Metro trains within Delhi will be a violation of fundamental rights under Article 19 (1) (d) which is a right of citizens to move freely through out the territory of India, unless the government can justify how such curbs fall within the ambit of reasonable restrictions under clause 5 (limitations on free movement) and as of now they have not justified their action by showing a reliance on any law covered by clause 5. ’’ “What is important here is to see how and whether the government has reconciled two Constitutional rights. One is the right to assemble and to peacefully protest, the other is reasonable restrictions to ensure no violation of public order.’’ MUMBAI: Even as the Supreme Court on Friday asks government to reconsider curbs on metro and train services in Delhi and to resume the services in a regulated manner that doesn’t cause discomfort to commuters, jurists say the blockages itself could be flouting crucial fundamental rights of the very citizens, it may seek to protect.
The SC has stated that for any action to impact ‘public order’ it must disturb the very functioning of the community at large or create wide-spread panic, while law and order is a disruption that occurs even locally by a localised crime of theft and affects individuals specifically.