The Supreme Court of India.
Credit: PTI File Photo
New Delhi: The Supreme Court on Monday stayed the Uttar Pradesh, Uttarakhand and Madhya Pradesh governments' controversial directives to display names of the owners of hotel, shops, eateries and dhabas falling in route of 'Kanwar yatris' (holy expedition).
A bench of Justices Hrishikesh Roy and S V N Bhatti issued notice to the state governments after hearing a batch of pleas challenging the validity of such orders.
The court sought a response from the states, including Delhi, by impleading them as parties suo motu, if they are not made as respondents, and scheduled the matter for consideration on Friday, July 26.
"Until the returnable date, we deem it appropriate to pass interim order prohibiting the enforcement of the directives. In other words, the food sellers (including dhaba owners, restaurants, foods and vegetable sellers, hawkers, etc.) may be required to display the kind of food that they are serving to the Kanwariyas. But they must not be forced to display the name/identity of the owners and also the employees, deployed in their respective establishments," the court ordered.
The court recorded submission of the petitioners that these directives have fissiparous tendencies. The petitioners also argued that just on the eve of Kanwariya Yatras for the year 2024, the directives have been issued and there is no instance of any similar directive in the past years.
"The implication of the directions and their enforcement is spread across multiple states in the country covering the route of the Kanwariya Yatris," they said.
Senior advocate A M Singhvi, appearing for one of the petitioners, contended that directives would have raised a larger issue of exclusion based on the identity. The directives would result in economic boycott with the identification of the owners, besides causing the domino effect, he said.
He said the directive issued by the police authorities does not have a statutory backing too.
Justice Bhatti, on his part, said when he was administrative judge in Kerala, he used to prefer a hotel run by a Dubai-returned Muslim to a Hindu hotel because he maintained "international standards".
In his arguments, Singhvi said that Kanwar Yatra has been happening for decades and there are hotels which served pure veg foods but had Muslim employees. Members from different religions have been serving foods to the people during the Kanwar Yatra.
Others counsel said that the order is being implemented at the highest level as statements were issued by the Uttar Pradesh and Uttarakhand Chief Ministers. "The directives impinged upon preambular promise of secularism and fraternity. The orders also go against the constitutional principle of non discrimination on the basis of caste, religion and race," they said.
The pleas were filed by an NGO anmed Association For Protection of Civil Rights (APCR), All India Trinamool Congress leader and MP Mahua Moitra and academician Prof. Apoorvanand, and others.
After recording the submission of the parties, the bench stayed the directives and observed, "Food sellers must not be forced to serve names of owners, staff employed."
The directives were issued by SSP Muzaffarnagar on July 17, making it mandatory for shopkeepers and eatery owners to display their names along with other details of their establishments across all pockets in the state where the Kanwar Yatra is organised.
Following a public outrage, the order was reviewed and left to the "free will" of the eatery owners to display their names.
The UP government maintained that the guidelines over the display of nameplates on establishments along the Kanwar route were to ensure the smooth conduct of the yatra and also to maintain the sanctity of the pilgrims' faith.
The authorities also made it clear that action would be taken against those selling 'halal-certified' products.
The Kanwar Yatra commenced on Monday, July 22 with the starting of the Hindu month of Shravan and concludes on August 2.