The Supreme Court on Friday declined to urgently hear a plea challenging the New Delhi Municipal Council’s decision to shut Central Park in Connaught Place for two days amid a proposed protest by the Cockroach Janta Party, leaving traders and small vendors facing possible business losses during a major weekend period.
A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi said the issues involved the right to protest, livelihood concerns and law-and-order arrangements. The Bench did not entertain the plea immediately but indicated that it could be listed on October 26 or 27.
Justice Bagchi said the Court hoped that “better sense will prevail on everyone” and acknowledged the hardship that closures could cause to small shopkeepers and their families. “Small shopkeepers earn their livelihood during these days. We know the hardship and difficulty entire families will face,” he said.
The lawyer representing the petitioners told the Court that the NDMC had issued directions late on Thursday night to shut Central Park, effectively preventing trade in the area. The petitioner’s counsel also submitted that traders and vendors could face significant difficulty if another weekend was lost because of protest-related restrictions.
Justice Bagchi observed that the competing concerns were interconnected. “Someone wants to protest, someone wants to sell ‘mungfali’, someone wants law and order. All these are related,” he said. The Court indicated that it could exercise its constitutional jurisdiction if the restrictions resulted in business losses and were found to be disproportionate. It also referred to possible intervention under public and compensation law, while cautioning that the issue would be considered if such losses occurred.
The NDMC’s order followed a call by CJP leader Abhijeet Dipke for “patriots” to gather with the national flag at Central Park on Friday. The proposed Tiranga march was linked to allegations that CJP members Saurav Das and Ashutosh Ranka had been jailed for unfurling the Tricolour. The two men were sent to five-day judicial custody and lodged in Tihar Jail after allegedly violating their peace bonds and trespassing into Jantar Mantar, which has been denotified as a protest area.
The Delhi High Court had earlier refused to restrain the October 16 protest at Connaught Place. The Delhi Police has said that a small gathering may be allowed at another location, according to the material cited in the case. The Supreme Court’s observations therefore place the immediate dispute at the intersection of public-order planning, access to a central commercial district and the livelihood of informal and formal businesses operating around one of Delhi’s busiest public spaces.
The plea may next come before the Supreme Court for listing on October 26 or 27. The Court’s consideration is expected to address whether the closure and related restrictions were proportionate and whether affected businesses suffered demonstrable losses.
