The Supreme Court on Friday declined an urgent hearing on a plea challenging the NDMC's order to shut Central Park at Connaught Place ahead of Cockroach Janta Party's "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 declined to entertain the plea and said, "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."
Justice Bagchi observed that the various issues surrounding the protest, including the right to protest, the proposed selling of 'mungfali' 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," Justice Bagchi 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 lawyer submitted that the New Delhi Municipal Council (NDMC) issued directions late Thursday night to shut down Central Park, effectively preventing trade from taking place.
Justice Bagchi indicated that the court had ample jurisdiction to intervene if the measures were found to be disproportionate, including through its powers under public and compensation law.
The bench indicated that the plea may be listed on October 26 or 27.
Cockroach Janta Party (CJP) leader Abhijeet Dipke has called on "patriots" to gather with the national flag at Central Park in Delhi's business hub Connaught Place on Friday, alleging that CJP members Saurav Das and Ashutosh Ranka were "jailed for unfurling the Tricolour".
The call came on a day Das and Ranka were sent to five-day judicial custody and were lodged in Tihar Jail for allegedly violating their peace bonds and trespassing into Jantar Mantar, which has been denotified as a protest area.
(With inputs from PTI)
