'Better Sense Will Prevail': SC Refuses Urgent Stay on CJP Protest at CP
The Supreme Court declined urgent directions against the Cockroach Janta Party protest at CP, urging that better sense prevail for traders and protesters.
The Supreme Court of India has declined to grant urgent directions against a planned protest by the Cockroach Janta Party (CJP) at Central Park in Connaught Place. The decision comes amid mounting anxiety from local traders who fear that the demonstration will cripple business during the high-stakes festive season.
Traders Fear Massive Financial Blow
The plea was brought before the court by the Delhi Iron and Hardware Merchant Association and the Delhi Kirana Committee. Representing the traders, Advocate Jai Anant Dehadrai highlighted the severe economic implications of the protest. He argued that any disruption in the heart of Delhi's commercial hub could lead to a staggering loss of trade, estimated at approximately Rs 200 crore per day.
The petitioners expressed deep concern over an NDMC notice that restricts activity in the area, fearing that the combination of the protest and administrative restrictions would result in substantial commercial losses for small-scale vendors and shopkeepers.
The Court's Perspective: A Balancing Act
A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi acknowledged the gravity of the situation but opted not to intervene immediately. Justice Bagchi observed that the situation is a complex interplay of competing interests.
"It is not different. They are all related. Someone wants to protest, someone wants to sell moongfali, someone wants to law and order, all are related," Justice Bagchi remarked, noting that the concerns of the protesters, the business community, and the law enforcement authorities are all interconnected.
CJI Surya Kant emphasized that the court is fully aware of the struggle faced by small shopkeepers. He noted that these vendors rely heavily on the festive rush to secure their livelihoods and that any disruption would cause significant hardship for their entire families.
Possibility of Compensation for Losses
While the court refused to stop the protest urgently, it left the door open for legal remedies if the traders suffer unlawful damages. Justice Bagchi suggested that the court would later evaluate whether the restrictions imposed by the NDMC were disproportionate.
Crucially, the bench mentioned that if it is determined that the traders suffered unlawful business losses, the court could exercise its powers under constitutional tort and public law jurisdiction to consider compensation.
"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 stated.
What Happens Next?
The Supreme Court has urged all parties involved to act with maturity, stating, "We hope better sense will prevail on everyone," to ensure that the general public is not inconvenienced.
The matter has been scheduled for further hearing on October 26, following the conclusion of the Dussehra vacation.