Authority: Supreme Court of India
Order Date: 09-10-2026
Case Overview
- Petitioners: M A BABY (Petitioner) vs. Union of India & Others (Respondents), with related criminal writ petition No. 63544/2026.
- Hearing held on 09-10-2026 before a bench comprising Chief Justice, Justice Joymalya Bagchi and Justice V. Mohana.
- Senior counsel for petitioners included Kapil Sibal, Gopal Sankaranarayanan, Hariharan N., C.U. Singh, Vrinda Grover, Prashant Bhushan, among others.
- The court was informed of two communications dated 08.10.2026 from the Joint Commissioner of Police, Transport Range, New Delhi to the Managing Director of DMRC, and a communication dated 09.10.2026 issued to all zonal railways.
- An order dated 23.08.2026 issued by the Assistant Commissioner of Police, invoking Section 70 of the Delhi Police Act, 1978 and Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023, directed cessation of metro train operations and cancellation of Mail/Express trains arriving at New Delhi Railway Station and Hazrat Nizamuddin Railway Station, citing risk of unruly mob movements.
- The order also reduced frequency of metro trains across 57 stations and mandated closure of entry/exit gates from 9:00 p.m. on 09.10.2026, continuing on 10.10.2026 until normalcy returned.
- Senior counsel clarified they did not represent the protest organizers; no other petition on behalf of protesters was filed.
- The core issue before the Court was whether the absolute prohibition on metro and railway movements warranted reconsideration.
Final Outcome
- The Court observed that the notifications were over‑reaching and distinguished between total prohibition and regulated movement.
- The Solicitor General of India agreed to impress upon the authorities to reassess the prohibitions.
- The Court ordered that there shall be no outright ban on metro trains; instead, metro and other rail services may operate in a regulated manner that does not inconvenience Delhi residents, adhering to proportionality.
- A traffic advisory must be published in newspapers and online platforms to inform the public and prevent hardship.
- The Court directed that basic amenities be provided to peaceful protesters and that suitable alternative sites be identified for such infrastructure.
- A compliance report detailing the implementation of these directions must be filed by the Delhi Metro Rail Corporation, the relevant railway authorities, and Delhi Police (Traffic) within four days of the order.
- The order was signed digitally by Registrar‑cum‑PS NITIN TALREJA on 09‑10‑2026.
Topics: Public Transport, Judicial Intervention