SC Warns Of Compensation If Protests Unlawfully Hit Delhi Traders

The Supreme Court on Friday warned that it could award compensation if protests in Delhi unlawfully and disproportionately affect traders and daily-wage earners, highlighting the difficulties faced by small businesses during the festive season.

A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi made the observations while considering a plea linked to a proposed gathering by the Cockroach Janta Party (CJP) at Central Park in Connaught Place, as Hindustan Times reported.

The bench noted the competing interests of protesters, traders and law enforcement agencies, and indicated that it would hear the matter after the court’s Dussehra vacation. The judges also expressed hope that “better sense will prevail” and stressed the importance of protecting livelihoods during the festive period.

Sc Flags Traders’ Concerns

During the hearing, Justice Bagchi told advocate Jai Anant Dehadrai, who mentioned the petition on behalf of a traders’ association, that the court could consider compensation if the protest unlawfully caused business losses.

“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,” he said.

Dehadrai argued that the proposed gathering could disrupt businesses in Connaught Place during the festive season, when traders depend on increased sales. He claimed that the disruption was causing losses of more than Rs 250 crore a day.

The bench, however, declined to hear the matter immediately.

“This is also related to protest. It can wait till October 26,” CJI Surya Kant said.

Justice Bagchi highlighted the competing interests involved, saying, “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.”

The court also stressed the impact of restrictions on 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,” CJI Surya Kant said.

Dehadrai also referred to a New Delhi Municipal Council notification issued late on Thursday night shutting Central Park, questioning whether the restrictions on business and livelihoods were proportionate.

Justice Bagchi said the court had the power to award compensation if the restrictions were found to be disproportionate. “If we hold that it’s disproportionate, this court has ample jurisdiction under public and compensation law,” he said.

Delhi High Court Had Recorded Police Assurance

The Supreme 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.

Additional Solicitor General Chetan Sharma gave the assurance on Thursday after concerns were raised about possible disruption to businesses and movement in Connaught Place.

The High Court was hearing a petition filed by Anil Kumar Gupta, a street vendor at Palika Bazar, who raised concerns that restrictions on roads, footpaths and Metro station entrances could affect his business and the livelihoods of other vendors in the area.

Dispute Over Protest Venue

The proposed gathering at Central Park comes amid protests by the CJP and Opposition groups against Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls.

CJP founder Abhijeet Dipke was detained by Delhi Police on Friday, minutes before he was scheduled to lead the party’s ‘Lehra Do Tiranga’ march at Central Park in Connaught Place. The party had called on supporters to assemble with the national flag.

Dipke had alleged that CJP members Saurav Das and Ashutosh Ranka had been jailed for unfurling the Tricolour. The two were sent to five days of judicial custody in a case involving alleged violations of their peace bonds and trespassing at Jantar Mantar.

The dispute followed Delhi Police’s decision to remove Jantar Mantar’s status as a designated protest site. Police subsequently identified three alternative venues for protests, Ramlila Maidan, Burari Ground in north Delhi and CBD Ground in east Delhi.