The Supreme Court on Friday expressed hope that `better sense will prevail' after hearing a petition regarding the closure of roads and restrictions on movement in Connaught Place in Delhi, as the opposition parties continue questioning Chief Election Commissioner Gyanesh Kumar over the irregularities in the conduct of the Special Intensive Revision (SIR) of electoral rolls.
The Supreme Court said that the right to protest could not override the rights of small traders and wage laborers during the festive season.
A bench comprising the Chief Justice of India, Surya Kant, and Justice Joymalya Bagchi was hearing a petition seeking directions to the authorities concerned regarding the closure of roads and restriction of free movement in the area.
The court has scheduled the matter for hearing on October 26 or 27, after the Dussehra holiday.
Supreme Court Questions Right to Protest Against Election Commission's Orders
Justice Bagchi said that if any business suffers loss due to such restrictions imposed by the authorities illegally in the name of the state, the compensation would be due.
"If their business suffers loss, if it is unlawful to your clients, we will compensate them, using our powers under the constitutional tort jurisprudence," Justice Bagchi told advocate Jai Anant Dehadrai, who filed a petition seeking directions for the authorities concerned.
Dehadrai said that the disruption of trade and commerce around Connaught Place was causing losses worth more than Rs 250 crore every day.
In addition, he also pointed out that a notification issued by the New Delhi Municipal Council (NDMC) recently on Thursday night to completely close the parks was also impacting the local traders and daily-wage laborers.
What is the Row over the Tiranga March About
Meanwhile, the CJI said that the issues raised by the petition in the Supreme Court were of "serious concern".
It may be recalled that the row erupted recently after the opposition parties accused the Election Commission of illegally detaining CJP candidates in judicial custody and obstructing their fundamental rights to protest.
The CJP founder, Abhijeet Dipke, had asked his followers to assemble at the Central Park in Connaught Place with Tiranga (Indian national flag) this Friday, saying that his party candidates Saurav Das and Ashutosh Ranka had been detained for five days in judicial custody for hoisting the national flag at Jawaharlal Nehru Stadium.
The two were sent to judicial custody for violating their peace bonds and trespassing at Jantar Mantar after Delhi Police removed the protest site's status as an authorized protest venue.
Delhi High Court Acts After Concerns Raised by Street Vendors
On Thursday, the Delhi High Court took note of the Additional Solicitor General's assurance that due to the CJP's protests, police surveillance of the party's activities would be regulated, and that all measures within their powers would be taken to facilitate the smooth functioning of the administration.
Earlier, Anil Kumar Gupta, a street-veg vendor at the Palika Bazar, had filed a petition before the Delhi High Court regarding the CJP's proposed rally in Connaught Place, which he said would impact the free movement of people and block roads, footpaths, and Metro entrances, disrupting trade.
The Supreme Court will hear the matter again on October 26 or 27.