“Hope better sense will prevail”: SC as it declines urgent direction on plea against CJP protest at CP amid traders’ concerns

New Delhi [India] October 16 (ANI): The Supreme Court on Friday refused urgent directions against the Cockroach Janta Party’s protest at Central Park, Connaught Place, amid traders’ concerns over loss of business during the festive season.
“We hope better sense will prevail,” said a bench of Chief Justice of India Surya Kant and Joymalya Bagchi while urging that people not be inconvenienced.
The apex court said it would take up the matter on October 26, after the Dussehra vacation.
The petition was filed by the Delhi Kirana Committee and the Delhi Iron and Hardware Merchant Association, which apprehended substantial commercial losses due to the proposed protest and an NDMC notice restricting activity in the area.
Advocate Jai Anant Dehadrai, appearing for the traders, told the top court that the disruption could affect trade worth Rs 200 crore a day, particularly during the festive season.
“It is not different. They are all related. Someone wants to protest, someone wants to sell moongfali, someone wants to law and order, all are related," Justice Bagchi said
Justice Bagchi observed that the concerns of protesters, traders and authorities responsible for maintaining law and order were interconnected.
CJI said the Court was conscious of the hardship that a disruption in business could cause to small shopkeepers and their families during the festive season.
"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," said the bench.
Justice Bagchi said the Court would examine whether the NDMC's restrictions were disproportionate and, if the traders suffered unlawful business losses, consider compensation under the principles of constitutional tort and public law.
“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,” the judge said. (ANI)