The Delhi High Court on Wednesday refused a plea seeking Rs 50 crore from the Cockroach Janta Party over protest-related public inconvenience. The bench said, “The judicial discipline warrants that this court must stay its hands away.” Judges suggested the petitioner join similar cases already pending before the Supreme Court.
The Delhi High Court on Wednesday refused to entertain a public interest litigation seeking Rs 50 crore in interim compensation from the Cockroach Janta Party (CJP) over alleged harassment and inconvenience caused to the public by recent protests and demonstrations in the national capital, PTI reported.
A bench of Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma observed that similar issues were pending before the Supreme Court, which was hearing several petitions related to protests. The bench said the petitioner could approach the apex court with his demands.
“The judicial discipline warrants that, in such an eventuality, this court must stay its hands away from the proceedings and should not pass conflicting orders,” the bench said, according to PTI.
When the petitioner insisted that his demands differed from those raised in the cases pending before the Supreme Court, Solicitor General Tushar Mehta said several petitions had been filed before the apex court by small traders who claimed their livelihoods had come to a standstill because of the protests.
Mehta submitted that the plea raised a valid public law issue and that petitioner R K Saini, an advocate, could join the proceedings before the Supreme Court with his demands, PTI reported.
The High Court initially indicated that it would defer the proceedings until the Supreme Court passed orders on the pending pleas. It later disposed of the petition, clarifying that it had not expressed any opinion on its merits.
“What is the scope of those proceedings? More than 50 petitions are pending before the Supreme Court,” the bench told the petitioner, according to PTI.
Saini argued that imposing a community fine would deter organisations from holding such demonstrations, adding that “otherwise nothing is stopping them and the state was helpless”.
“No, no, the State has handled it,” the court responded.
The petition sought directions to the government to initiate proceedings against the CJP and collect a community fine to compensate the public for the alleged harassment and disruption caused by the protests to people's daily lives.
As interim relief, Saini sought an order directing the CJP to deposit Rs 50 crore with the High Court to protect the rights of the public and affected Delhi residents, citing what the plea described as gross harassment, physical and mental torture, inconvenience, misery and suffering caused by the demonstrations.
