Guwahati: The Supreme Court on Friday declined an urgent hearing on a plea challenging the New Delhi Municipal Council’s (NDMC) order to close Central Park at Connaught Place ahead of the Cockroach Janta Party’s (CJP) “Lehra Do Tiranga” march, expressing hope that “better sense will prevail” among all concerned.
A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi said the closure could affect small traders who depend on business during the period.
“We hope better sense will prevail on everyone. Small shopkeepers earn their livelihood during these days. We know the hardship and difficulty entire families will face,” the bench said.
Justice Bagchi observed that the issues surrounding the proposed protest, including the right to demonstrate, the sale of peanuts and concerns over law and order, were interconnected.
“Someone wants to protest, someone wants to sell ‘mungfali’, someone wants law and order. All these are related,” he said.
The judge said the court could exercise its constitutional jurisdiction if the situation resulted in business losses.
“If there’s loss of business, we will exercise our powers under Constitutional jurisdiction. Let’s cross that bridge when it comes,” Justice Bagchi said.
During the hearing, the petitioner’s lawyer submitted that the NDMC had issued directions late on Thursday night to close Central Park, effectively preventing traders from conducting business there.
Justice Bagchi indicated that the court had jurisdiction to intervene if the restrictions were found to be disproportionate, including through legal remedies relating to public law and compensation.
The bench indicated that the plea could be listed for hearing on October 26 or 27.
The proposed march was called by CJP leader Abhijeet Dipke, who urged people he described as “patriots” to gather at Central Park in Connaught Place with the national flag on Friday. Dipke alleged that CJP members Saurav Das and Ashutosh Ranka had been jailed for unfurling the Tricolour.
The call came after Das and Ranka were sent to five days of judicial custody and are currently lodged in Tihar Jail. They were accused of violating their peace bonds and trespassing into Jantar Mantar, which has been denotified as a protest site.