Delhi HC orders police action on Karol Bagh counterfeit brand vendors
Synopsis
Key Takeaways
The Delhi High Court has directed the Delhi Police to act against street vendors in the Karol Bagh area found selling suspected counterfeit products of well-known labels including Louis Vuitton, H&M, Zara, Allen Solly, Puma, and Calvin Klein. The order was passed on 6 August by a division bench of Justice Prathiba M. Singh and Justice Vikas Mahajan while hearing a petition filed by 24 street vendors holding provisional Certificates of Vending (CoVs).
Background to the Case
The 24 petitioners had approached the court seeking protection from alleged harassment by the Municipal Corporation of Delhi (MCD) while conducting vending activities in the Karol Bagh locality. Their plea was rooted in grievances over what they described as undue pressure from civic authorities.
However, the case took a significant turn when the MCD placed photographic evidence before the bench showing several petitioners vending within the notified no-vending and no-hawking stretch of Ajmal Khan Road. The photographs also revealed garments and merchandise bearing the names of internationally recognised brands being sold at these stalls.
What the Court Observed
Taking note of the photographic record, the Justice Singh-led bench remarked: 'If the products sold by the petitioners are counterfeit products or passed-off products, the same would constitute an illegal and unlawful activity, in terms of standard Condition No.10 of the COV. However, this issue is not before this Court, but the Court also cannot turn a blind eye to it.'
The bench directed the Station House Officer (SHO), Karol Bagh Police Station, to take action against the petitioners as well as other vendors in the area found selling counterfeit branded goods, and to proceed in accordance with the law thereafter.
No-Vending Zone Restrictions
The court categorically held that none of the petitioners could be permitted to squat or vend on the stretch of Ajmal Khan Road between Karol Bagh Police Station and Karol Bagh Metro Station, which has already been declared a no-vending and no-squatting zone. The MCD confirmed that all 24 petitioners had been issued provisional CoVs only as mobile vendors and had not been allotted any fixed tehbazari sites.
The court further directed that if any petitioner is found vending in prohibited areas, both the MCD and the concerned SHO shall ensure their removal to prevent obstruction to pedestrians and maintain unhindered access to the Karol Bagh Metro Station.
Signage and Awareness Gap
The bench also acknowledged a submission that mobile vendors are often unaware of notified no-vending zones due to the absence of proper signboards on the ground. It observed that several such zones risk remaining 'no-vending' only on paper unless physical signage is installed. It directed Town Vending Committee-II, upon its constitution, to install boards identifying no-vending and no-squatting areas.
The MCD, however, informed the court that appropriate signage has already been installed on Ajmal Khan Road indicating its no-vending and no-squatting status.
What Vendors Can Still Do
Subject to compliance with the conditions of their CoVs and the additional directions issued by the High Court, the petitioners were permitted to continue their mobile vending activities outside the prohibited zones. The ruling draws a clear line: vendors with valid certificates may operate, but not in restricted areas and not with counterfeit merchandise.
The order signals that intellectual property violations at street-vending level are now firmly within the judicial lens, even when the primary dispute before the court concerns civic rights.