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The Supreme Court on Friday warned that it could invoke its constitutional tort jurisdiction to award compensation if protests in Delhi disproportionately affect traders and daily-wage earners, expressing concern over the hardship faced by small businesses during the festive season.
A bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi made the observations while hearing a plea raising concerns over the Cockroach Janta Party’s (CJP) call for a gathering at Central Park in Connaught Place on Friday evening. The court hoped that “better sense will prevail” and that the competing interests of protesters, traders and authorities would be balanced.
“If there is loss of business, if it is unlawful to your clients, we will exercise our powers under constitutional tort jurisdiction. Let’s cross that bridge when it comes,” justice Bagchi told advocate Jai Anant Dehadrai, who mentioned the petition on behalf of a traders’ association.
The observations came a day after the Delhi High Court recorded an assurance from Delhi Police that it would take “all possible measures under the law” to regulate the proposed gathering and address concerns over disruption to business and movement around Connaught Place.
Dehadrai told the Supreme Court that the protest could cause substantial losses to traders, particularly during the festive season, when businesses depend on higher sales for a significant share of their annual earnings. He claimed that disruption around Connaught Place was causing losses of more than ₹250 crore a day.
Initially indicating that the matter would not be taken up immediately, CJI Kant said, “This is also related to protest. It can wait till October 26.” Justice Bagchi pointed out that the Delhi High Court had heard a similar petition on Thursday.
When counsel insisted that the Supreme Court plea raised distinct concerns, the judge said the competing claims of protesters, traders and law enforcement agencies had to be considered together. “Someone wants to protest, someone wants to sell moongfali (peanuts), someone wants to maintain law and order. All are there before us. We can hear it after a week,” he said.
The CJI expressed concern over the economic vulnerability of small traders and their families during the festive period. “We hope better sense will prevail on everyone. Small shopkeepers, they earn their livelihood during these days. We know the hardship, difficulty and crises entire families face,” he said.
Dehadrai subsequently referred to a notification issued by the New Delhi Municipal Council (NDMC) late on Thursday night announcing the closure of Central Park. He argued that the restrictions could affect businesses in the surrounding area and questioned whether the impact on traders, labourers and daily-wage earners was proportionate.
Justice Bagchi said the court could grant relief if it found that the restrictions on business and livelihoods were disproportionate.
“If we will hold that it’s disproportionate, this court has ample jurisdiction under public and compensation law,” he said, indicating that compensation could be considered depending on the circumstances.
The CJI directed that the matter be listed on October 26 or 27, after the Supreme Court’s Dussehra vacation, which runs through next week.
Friday’s call for protest at Central Park came as a part of protests by the CJP and opposition parties against Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls. CJP founder Abhijeet Dipke had called on supporters to assemble at Central Park with the national flag, alleging that party members Saurav Das and Ashutosh Ranka had been jailed for unfurling the Tricolour. The two were sent to five days of judicial custody for allegedly violating their peace bonds and trespassing at Jantar Mantar after Delhi Police withdrew the venue’s status as a designated protest site.
In its order on Thursday, the Delhi High Court recorded an assurance from Additional Solicitor General Chetan Sharma that police had taken steps to regulate CJP activities and would take all possible measures under the law. The assurance followed a petition by Anil Kumar Gupta, a street vendor at Palika Bazar, who apprehended that the gathering could lead to restrictions on roads, footpaths and Metro station entrances, affecting his business and the livelihoods of other vendors.
Delhi Police recently withdrew Jantar Mantar’s status as a designated protest venue and notified three alternatives: Ramlila Maidan, Burari Ground in north Delhi and CBD Ground in east Delhi.
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