SC notice to UP govt on plea against ban on 'Halal' certified products

The UP government had last month banned sale of 'halal certified' products in the state as the state police registered cases against several organisations for allegedly issuing forged 'halal' certification.

The Supreme Court on Friday issued notice to the Uttar Pradesh government on a plea questioning its November 18 decision to ban 'Halal' certified products.

A bench of Justices B R Gavai and Sandeep Mehta sought a response from the state government on writ petitions filed by Halal India Pvt Ltd and Jamiat Ulama E Maharashtra.

The court initially questioned the petitioners as to why it should entertain the petitions filed under Article 32 of the Constitution.

The petitioners contended the matter was having Pan India ramifications and related to inter state trade and commerce. 

They said the Karnataka and the Bihar governments started prosecution as complaints were being filed by the political party members.

Senior advocate Raju Ramachandran also for the petitioners submitted the ban has got national ramifications affecting religious community.

The petitioners said the Commerce Ministry's body has authorised grant of accreditation.

They also sought a direction for no coercive action in FIRs lodged by the state police.

The court, however, said it would consider such a plea on the next date.

The petitioners contended the notification banning Halal certified products is violative of Articles 14, 19(1)(g), 21, 25, 26 and 29 of the Constitution of India. 

"The notification is arbitrary and based on unreasonable classification," it said.

The Commissioner, Food Safety and Drug Administration, Uttar Pradesh lodged an FIR at Police Station Hazratganj Lucknow on November 17, 2023 under Sections 120-B, 153-A, 298, 384, 420, 467, 468, 471 and 505 of the Indian Penal Code, 1860 against Jamiat Ulama E Maharashtra, a few other companies, and a few unknown entities. 

It was alleged that the petitioners were trying to bring communal differences among the consumers as the certification of products is not limited to edibles but also products such as soap, oil, facial creams, toothpastes etc by which the accused persons intended to hurt the religious sentiments of the citizens in the country and cause unrest between the masses while also disrupting the market of these products by promoting the use of only halal certified products to a particular religion. 

It was alleged that the accused were holding enquiries and taking disciplinary actions against the manufacturing companies which do not agree to get certified by such agencies. 

On November 18, 2023, the state government banned manufacture, sale, storage and distribution of Halal-certified products with immediate effect.