Delhi High Court dismisses plea challenging decision to ply Delhi Metro and buses with 100% seating capacity

The Delhi High Court on Tuesday dismissed a petition challenging the Delhi government's decision to ply intra-state buses and the Delhi Metro at 100% seating capacity [SB Tripathi v. Govt. of NCT of Delhi].

A Division Bench of Justices Vipin Sanghi and Jasmeet Singh dismissed the petition and ordered,

"The petitioner is suggesting that the Delhi Metro, DTC and intra-state buses should ply at 40% seating capacity. Tomorrow, there will be someone else who thinks it should run at 20% capacity. This cannot be permitted. Therefore, we dismiss the petition."

In this regard the Court also said,

"It is for the competent authorities in charge of responsibility of administration to take an informed call on matters with regards to the regulation of public transport, opening and running of markets, restaurants, cinemas, etc."

The Court also cautioned that its job is not to dictate policy.

Advocate SB Tripathi, appearing as petitioner-in-person, contended that he was challenging the order of the Delhi government.

The Bench asked him,

"Who are you to challenge it?"

Tripathi said that since he used buses and the metro, he had challenged it.

To this the Court said,

"It's a policy decision. Why should we interfere when the authorities are looking at it? It's not necessary for you to use the Delhi Metro. Today you say 50%. Tomorrow someone will say 20%. Do authorities run like that?"

Advocate Shobhana Takiar, on behalf of the Delhi government, apprised the Court that the decision to reopen had been taken by a committee.

The Court agreed that the government has a rationale behind its move and added,

"These days cinema and schools are reopening. When you're travelling, the idea is to have your masks on. This is not the case in restaurants, etc. If you don't want this, then don't travel in metro."

The present petition was filed challenging an order of the Delhi government issued in July 2021 permitting 100% seating capacity in the Delhi Metro and buses, including both DTC buses and cluster buses.

The petition further apprehended that this will encourage flouting of social distancing measures, which would lead to spread of COVID-19.