SC warns of ‘constitutional tort’ over protest-related hardship to traders, workers
Here's the latest protest news from across India:
The Supreme Court on Friday warned that it could invoke its constitutional tort jurisdiction to award compensation if protests in Delhi disproportionately affect traders and daily-wage earners, expressing concern over the hardship faced by small businesses during the festive season.
Adding to this, A view CP Market during the in a Tiranga March on Friday. (RAJ K RAJ /HT PHOTO) A bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi made the observations while hearing a plea raising concerns over the Cockroach Janta Party’s (CJP) call for a gathering at Central Park in Connaught Place on Friday evening. The court hoped that “better sense will prevail” and that the competing interests of protesters, traders and authorities would be balanced.
Meanwhile, “If there is loss of business, if it is unlawful to your clients, we will exercise our powers under constitutional tort jurisdiction. Let’s cross that bridge when it comes,” justice Bagchi told advocate Jai Anant Dehadrai, who mentioned the petition on behalf of a traders’ association.
Notably, The observations came a day after the Delhi High Court recorded an assurance from Delhi Police that it would take “all possible measures under the law” to regulate the proposed gathering and address concerns over disruption to business and movement around Connaught Place.
As per the latest buzz, Dehadrai told the Supreme Court that the protest could cause substantial losses to traders, particularly during the festive season, when businesses depend on higher sales for a significant share of their annual earnings. He claimed that disruption around Connaught Place was causing losses of more than ₹ 250 crore rupees a day.
In further updates, Initially indicating that the matter would not be taken up immediately, CJI Kant shared, “This is also related to protest. It can wait till October 26.” Justice Bagchi pointed out that the Delhi High Court had heard a similar petition on Thursday.
On top of that, When counsel insisted that the Supreme Court plea raised distinct concerns, the judge shared the competing claims of protesters, traders and law enforcement agencies had to be considered together. “Someone wants to protest, someone wants to sell moongfali (peanuts), someone wants to maintain law and order. All are there before us. We can hear it after a week,” he shared.
The CJI expressed concern over the economic vulnerability of small traders and their families during the festive period. “We hope better sense will prevail on everyone. Small shopkeepers, they earn their livelihood during these days. We know the hardship, difficulty and crises entire families face,” he shared.
Source: Hindustan Times