Right to protest, sell peanuts interconnected: SC

Justice Bagchi even observed that the right to protest, the proposed selling of ‘mungfali’ and concerns over law and order were interconnected.
Areas around Connaught Place completely choked with protesters
Areas around Connaught Place completely choked with protesters (Photo | Parveen Negi, Express)
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NEW DELHI: The Supreme Court on Friday refused an urgent hearing against the NDMC order shutting down Central Park at Connaught Place over a proposed protest by the CJP and said, “We hope better sense will prevail on everyone.”

A two-judge bench of the apex court, headed by the CJI Surya Kant and also comprising Justice Joymalya Bagchi, said, “Small shopkeepers earn their livelihood during these days. We know the hardship and difficulty entire families will face.”

Justice Bagchi even observed that the right to protest, the proposed selling of ‘mungfali’ and concerns over law and order were interconnected. The plea said that the NDMC shutdown and CJP protest would cause loss of business and livelihood for traders, small shopkeepers, rediwalas and hawkers during festive season.

The court posted the matter for hearing on Oct 26, observing that protests and resultant restrictions cause hardship and crisis for families dependent on daily earnings, and said if it finds deprivation of livelihood, it would order compensation invoking tort jurisdiction in public interest.

Although the SC did not give an urgent hearing to the plea, it clarified and made it clear that if small shopkeepers, rediwalas or hawkers are found deprived of their livelihood during adjudication, it will order compensation by invoking tort jurisdiction in public interest.

Frequent protests around CP have hit businesses, with some establishments recording zero sales on certain days, National Restaurant Association of India (NRAI) treasurer Manpreet Singh said on Friday, urging demonstrators to stay away from commercial areas.

He urged political parties to choose police-designated venues at least three to four kilometres from CP, warning that reduced footfall of customers affects the restaurants and retailers alike. Businesses in the area employ lakhs of people and need regular sales to meet expenses and pay salaries, he added.

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