If CJP Protests Are Unlawful, Supreme Court Suggests Traders May Receive Compensation

On Friday, the Supreme Court of India stated it would make certain that traders in Connaught Place, Delhi, receive proper compensation if it determines they were unjustly denied business because of the Tiranga protest organised by the Cockroach Janta Party (CJP).

A panel consisting of Chief Justice of India Surya Kant and Justice Joymalya Bagchi addressed a petition submitted by the Delhi Kirana Committee and the Delhi Iron and Hardware Merchant Association, requesting its involvement in the issue.

Requesting an immediate listing of the plea, advocate Jai Anant Dehadrai, representing the petitioners, stated that the ongoing protests were leading to daily losses for traders ranging from Rs 200 crore to Rs 250 crore. He mentioned that the New Delhi Municipal Council (NDMC) released a notice Thursday evening regarding the closure of Central Park in Connaught Place. “There’s a critical need,” he remarked.

Justice Bagchi pointed out that “the Delhi High Court has dealt with this matter. So we are not going to interfere.” To this, Dehadrai said his petition is different. Justice Bagchi sought to disagree and said, “No. This is not different. They are all related. Someone wants to protest, someone wants to sell moomphalli (peanuts), someone wants to maintain law and order, all are related.”

Dehadrai mentioned that the holiday season is nearing and the merchants are worried. The CJI stated that the soonest it can be scheduled for a hearing is when the court resumes after the Dussehra break on October 26.

“We can list it on the reopening of the court,” he added.

Dehadrai pressed for immediate listing. “There is grave urgency because now Karva Cuath, Dussehra and Diwali (are) coming up,” he said. The CJI said, “We are aware. We hope better sense will prevail on everyone…we know that all small shopkeepers, rediwala, they earn their livelihood during these days. We know the hardship and difficulty entire families will face.”

Justice Bagchi said, “Whatever you want to point out, do on October 26. If there is a loss of business, and we hold that it is unlawfully done to your clients, we will exercise our powers under constitutional tort jurisdiction. Let’s cross that bridge when it comes.”

Dehadrai referred to the NDMC notice, but the bench did not relent. “We will take it up on October 26. If we feel that the NDMC’s order is a disproportionate restriction, we told you, there are ample jurisdiction evolved by this court under compensation and public law. We will act,” Justice Bagchi said.