'Someone wants to sell moongfali': SC defers plea over CJP protest as traders fear festival-season losses

New Delhi: The Supreme Court on Friday refused to grant an urgent hearing on a petition challenging the shutdown of Central Park in New Delhi's Connaught Place.

The closure was ordered by the New Delhi Municipal Council (NDMC) late on Thursday night following a protest call by the Cockroach Janta Party (CJP). A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi declined to hear the matter immediately, deciding to list it on 26 or 27 October after the Dussehra vacation.

Advocate Jai Anant Dehadrai, representing the Delhi Kirana Committee and the Delhi Iron and Hardware Merchant Association, raised the matter before the court. He urged the judges to intervene, pointing out that the sudden shutdown would disrupt trade worth Rs 200 crore daily during the busy festival season.

Impact on traders and festival season

When the bench noted that the Delhi High Court was already dealing with a similar case, the advocate argued that the current plea was different. Justice Bagchi rejected this distinction.

"It is not different. They are all related. Someone wants to protest, someone wants to sell moongfali, someone wants law and order, all are related," Justice Bagchi observed.

The judges acknowledged the severe financial strain the closure could place on local workers. Expressing concern for small businesses, Chief Justice Surya Kant said, "We hope better sense will prevail on every one... we know that all small shopkeepers, they earn their livelihood during these days. We know the hardship and difficulty entire families will face".

Court promises action if losses are unlawful

Despite these concerns, the court maintained that it would not hold an emergency hearing during the break. However, Justice Bagchi assured traders that the court possesses full authority to award compensation if the administrative action proves unlawful.

"If there is a loss of business, and we hold that 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 stated. He added, "If we feel that the NDMC's order is a disproportionate restriction, we told you, there is ample jurisdiction evolved by this Court under compensation and public law. We will act".

The NDMC shutdown order came after CJP leader Abhijeet Dipke asked supporters to gather with the national flag at Central Park on Friday. Dipke claimed the demonstration was to support party members Saurav Das and Ashutosh Ranka, who were remanded to five days in Tihar Jail for allegedly trespassing into Jantar Mantar and violating peace bonds.