The Delhi High Court on Tuesday dismissed a plea challenging the decision of Delhi Government to permit 100% seating capacity in Metro as well as cluster buses in the national capital amid Covid-19 pandemic. The petition contended that only 50% seating capacity should be allowed.
Justice Vipin Sanghi orally remarked:
"It's a policy decision, why should we interfere? The authorities are looking at it. Don't use it. It's not necessary for you to use it."
Justice Vipin Sanghi and Justice Jasmeet Singh observed that the Court cannot dictate on a policy decision taken by the Delhi Government.
"It is for the competent authorities in-charge of responsibility of administration to take an informed call on matters with regards to regulation of public transport and the opening and running of markets, restaurants, cinemas etc," the Bench addressed while dismissing the plea.
Further the bench added, "The petitioner is suggesting that the Delhi metro, DTC and cluster buses should ply with 50% seating capacity. Tomorrow there will be another person who thinks it should run at 20% capacity. This cannot be permitted. We therefore dismiss this petition."
Reliance was also putforward on the decision wherein restaurants, cinema halls, multiplexes, etc. were allowed to run on 50% seating capacity. "Delhi Government has no basis to make different rules for transport services in Delhi and different rules Bars, Cinema halls, Restaurants, etc.," the plea stated.
To this, bench replied the bench said:
"Is the environment and utility of restaurants similar to metro? We're not here to dictate policy. They have a rationale."
"Now cinema and schools are reopening. When you're traveling, the idea is to have your masks on. This is not the case in restaurants etc. If you don't want, don't travel in metro."