The Supreme Court on Friday expressed hope that “better sense will prevail” amid protests in Delhi against chief election commissioner Gyanesh Kumar, stressing the need to balance the right to protest with the livelihoods of small traders and daily-wage earners.
An SC bench comprising Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi made the remarks while hearing a plea concerning the proposed gathering by the Cockroach Janta Party (CJP) at Central Park in Connaught Place.
The court said it hoped protesters, traders and authorities would find a way to accommodate their competing interests. The court also warned that it could award compensation if restrictions linked to the protests disproportionately affected businesses and livelihoods.
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The top court directed that the matter be listed on October 26 or 27, after its Dussehra vacation.
What did the top court say?
“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,” the CJI said, referring to the importance of the festive season for small businesses.
“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. Dehadrai claimed that disruptions around Connaught Place were causing losses of more than ₹250 crore a day. He also flagged a New Delhi Municipal Council (NDMC) notification issued late on Thursday night ordering the closure of Central Park, arguing that the restrictions could affect traders and daily-wage earners in the area.
Why is the CJP planning a protest?
The proposed gathering at Central Park comes amid 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 on Friday 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 into Jantar Mantar after Delhi Police withdrew the venue's status as a designated protest site.
In its order on Thursday, the Delhi High Court had recorded an assurance from additional solicitor general Chetan Sharma that the police had already taken steps to regulate the CJP's activities and would take all possible measures under the law.
The assurance followed a petition filed by Anil Kumar Gupta, a street vendor at Palika Bazar, who apprehended that the proposed gathering could lead to restrictions on roads, footpaths and Metro station entrances, directly affecting his business and the livelihoods of other vendors.