The Supreme Court on Friday refused an urgent hearing against the New Delhi Municipal Council’s decision to shut Central Park in Connaught Place for two days ahead of a proposed protest by the Cockroach Janta Party, leaving traders and vendors facing the immediate loss of business during a busy period.
A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi declined to entertain the plea at this stage and said it hoped “better sense will prevail on everyone”. The hearing concerned the NDMC order that closed the park ahead of the proposed ‘Tiranga’ march called by CJP leader Abhijeet Dipke.
Justice Bagchi said the issues involved were interconnected, including the right to protest, the proposed sale of ‘mungfali’ and concerns relating to law and order. “Someone wants to protest, someone wants to sell ‘mungfali’, someone wants law and order. All these are related,” he observed.
The petitioner’s counsel told the Court that the NDMC issued directions late on Thursday night to shut Central Park, effectively preventing trade from taking place in the Connaught Place business district. The counsel also submitted that traders and vendors would face significant difficulty if another weekend was lost because of protest-related closures.
The Court indicated that it could exercise its constitutional jurisdiction if the closure 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. He also indicated that the Court could intervene if the measures were found to be disproportionate, including through its powers under public and compensation law.
The bench indicated that the plea could be listed on October 26 or 27, rather than being heard urgently before the proposed protest. The NDMC has cited “administrative reasons” for the closure, according to the proceedings reported by The Hindu.
The proposed gathering follows a call by Mr. Dipke for “patriots” to assemble at Central Park with the national flag. He has alleged that CJP members Saurav Das and Ashutosh Ranka were jailed for unfurling the Tricolour. The two men were sent to five-day judicial custody and lodged in Tihar Jail after allegedly violating their peace bonds and trespassing into Jantar Mantar, which has been denotified as a protest area.
The dispute places Central Park at the centre of competing claims over public space in one of Delhi’s principal commercial districts. The Supreme Court’s immediate response leaves the closure in place while keeping open the possibility of later judicial intervention if the effects on businesses are established as disproportionate. The proposed plea listing on October 26 or 27 is the next stated legal milestone.
