The Supreme Court on Friday warned it would invoke its constitutional tort jurisdiction to award compensation if protests in Delhi disproportionately impede traders and daily-wage earners from pursuing their livelihoods, as it expressed concern over the hardship faced by small businesses during the festive season.
Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi made the remarks after a plea raised concerns over the proposed gathering at Central Park in Connaught Place by the Cockroach Janta Party (CJP), while hoping that “better sense will prevail” and that the competing interests of protesters, traders and the 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 court’s 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 apprehensions that it could disrupt business and movement in the Connaught Place area.
Dehadrai told the Supreme Court that the proposed protest threatened substantial losses to traders, particularly when businesses depend on the festive season for a significant share of their earnings. He claimed that the disruption around Connaught Place was causing losses of more than ₹250 crore a day.
“This is also related to protest. It can wait till October 26,” CJI Kant said initially, indicating that the matter would not be taken up immediately. Justice Bagchi pointed out that the Delhi High Court had heard a similar petition on Thursday.
When counsel insisted that the plea before the Supreme Court raised distinct concerns, Justice Bagchi 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 hoped that the situation would be handled with due regard for the economic vulnerability of small traders and their families. “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 flagged a notification issued by the New Delhi Municipal Council (NDMC) late on Thursday night shutting Central Park, arguing that the restriction would effectively prevent traders from conducting business in the surrounding area. He referred to the impact on labourers and daily-wage earners, questioning whether the restrictions were proportionate.
Justice Bagchi said the court had the power to grant relief if it ultimately found that the restrictions imposed on business and livelihood were disproportionate.
“If we hold that it’s disproportionate, this court has ample jurisdiction under public and compensation law,” said the judge, indicating that the court could examine the question of compensation if the circumstances warranted it.
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.
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 the Delhi Police de-notified the venue as a designated protest site.
In its order on Thursday, the Delhi High Court recorded an assurance from additional solicitor general Chetan Sharma that the police had already taken steps to regulate the activities of the CJP 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 proposed gathering could lead to restrictions on roads, footpaths and Metro station entrances, directly affecting his business and the livelihoods of other vendors.
The police 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.