Supreme Court on CJP Tiranga protest at CP: ‘Hope better sense will prevail’; ‘we will act’ if NDMC order is disproportionate

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The Supreme Court on Friday (October 16) said it would hear a plea by traders seeking relief over restrictions imposed in connection with the Cockroach Janta Party’s (CJP) proposed ‘Lehra Do Tiranga’ protest at Central Park in Delhi’s Connaught Place on October 26, after the Dussehra vacation.

A bench of Chief Justice of India Surya Kant (CJI) and Justice Joymalya Bagchi declined to issue urgent directions on the matter, but observed that it could consider compensation if traders suffered unlawful business losses due to disproportionate restrictions imposed by the New Delhi Municipal Council (NDMC).

“If we feel that the NDMC's order is a disproportionate restriction, we told you, there is ample jurisdiction evolved by this Court under compensation and public law. We will act,” Justice Bagchi said.

The plea was filed by the Delhi Kirana Committee and the Delhi Iron and Hardware Merchant Association, which raised concerns over the proposed gathering at Central Park and an NDMC notice that, according to their counsel, would effectively shut down business activity in the area.

Appearing for the traders, advocate Jai Anant Dehadrai told the bench that the disruption could affect trade worth Rs 200 crore a day, particularly during the festive season. The figure was presented as the traders’ estimate of the potential impact.

The bench pointed out that the Delhi High Court was already hearing a similar matter. When Dehadrai argued that the petition before the Supreme Court was different, Justice Bagchi said the concerns raised by the parties were interconnected.

“It is not different. They are all related. Someone wants to protest, someone wants to sell moongfali, someone wants law and order; all are related,” the judge said.

Chief Justice Surya Kant said the court was conscious of the difficulties that disruptions during the festive season could cause to small shopkeepers and their families.

“We hope better sense will prevail on everyone. We know that all small shopkeepers earn their livelihood during these days. We know the hardship and difficulty entire families will face,” the CJI said.

Court leaves compensation question open

The bench indicated that it could examine the legality and proportionality of the NDMC’s restrictions and consider compensation if the traders established that their business losses were unlawful.

“If there is a loss of business, and we hold that 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 said.

The observations did not amount to a finding that the NDMC’s notice was unlawful or that the traders were entitled to compensation. Those questions remain open for consideration.

The bench maintained that the plea would be taken up after the Dussehra vacation, with the next hearing scheduled for October 26.

Traders raise concerns over repeated demonstrations

The petition comes amid concerns raised by traders over demonstrations in Connaught Place in recent weeks.

On Thursday (October 15), the New Delhi Traders Association (NDTA) urged political parties and protesters to hold demonstrations elsewhere ahead of the CJP’s ‘Lehra Do Tiranga’ gathering at Central Park on Friday.

The association said it respected the right to protest but argued that demonstrations in Connaught Place affected businesses and the livelihoods of people working in the area.

“CP is not your stage, it's our workplace,” the NDTA said in a message addressed to political parties and protesters.

The traders’ body claimed that protests over the preceding three weeks had affected sales and disrupted the livelihoods of shopkeepers, waiters, drivers, vendors and other staff. It also cited road closures and traffic disruptions, saying these had made commuting difficult and discouraged tourists and families from visiting the commercial hub.

A poster shared by the association carried the message: “You protest for a better tomorrow, don't kill our today.”

CJP founder Abhijeet Dipke had called on people to assemble at Central Park with the national flag for the ‘Lehra Do Tiranga’ gathering.

The Supreme Court’s next hearing is expected to address the traders’ challenge concerning the restrictions and their concerns over potential commercial losses. The court has yet to determine whether the NDMC’s actions were disproportionate or whether any compensation is warranted.