In an interim order, the Supreme Court on Monday stayed the directives issued by the Governments of Uttar Pradesh and Uttarakhand directing eateries along the Kanwar Yatra route to display names of owners, the staff and other details “to ensure... no confusion among kanwariyas” but said they will be required to display the kind of food they are selling to the Kanwariyas.
The bench of Justices Hrishikesh Roy and SVN Bhatti passed the interim order while issuing notice to the Governments of Uttar Pradesh, Uttarakhand and Madhya Pradesh, where the Ujjain municipal body has issued a similar directive, on a batch of petitions challenging the Government directives.
The order comes amid an escalating row over the directives, as the Opposition has alleged that the orders were “communal and divisive” and intended to target Muslims and Scheduled Castes by forcing them to reveal their identity, but the BJP maintained that the step has been taken keeping in mind law and order issues and the religious sentiments of pilgrims.
The bench, however, clarified that the eateries should display the type of food they are serving like they are vegetarian or non-vegetarian. No one appeared for the State Governments in the apex court on Monday. The month of Shravan starts from July 22 this year and lasts till August 19.
The matter will be heard next on July 26. The Supreme Court was hearing a batch of pleas including those by TMC MP Mahua Moitra, academician Apoorvanand Jha and columnist Aakar Patel, and NGO Association of Protection of Civil Rights challenging the directives.
A large number of devotees travel from various places with ‘kanwars’ carrying holy water from the Ganga to perform ‘jalabhishek’ of Shivlings during the Hindu calendar month of ‘Shravan’. Many believers shun consuming meat during the month they consider holy.
“Until the returnable date, having regard to the ... discussion, we deem it appropriate to pass interim order prohibiting the enforcement of the above directives. In other words, the food sellers, hawkers etc may be required to display the kind of food they are serving to Kanwariyas but they must be not be forced to disclose the names/identities of the owners or employees,” the bench said.
Hours after the Supreme Court orders, the opposition parties welcomed the top court’s order saying “victory of harmony” should now be written on a new nameplate. Samajwadi Party chief Akhilesh Yadav said “victory of harmony” should now be written on a new nameplate. In a post on X in Hindi, the SP chief said, “On a new nameplate, it should be written: ‘sauhaardmev jayate’ (victory of harmony).” Reacting to the development, Congress’ media and publicity department head Pawan Khera said, “We welcome the stay given by the Supreme Court on the completely unconstitutional orders by the Uttarakhand, Uttar Pradesh and Madhya Pradesh governments wherein they have asked all shop keepers, eateries and street venders to put their name and identity on boards outside especially during the Kanwar Yatra. This was unconstitutional and the Congress along with the entire opposition opposed it.”
“We hope his CMs don’t defy him. Although the prime minister’s position in his party is considerably weakened, we hope he retrieves that position and asserts himself and stops his chief ministers from indulging in such unconstitutional measures,” he said.
At the outset, the bench asked senior advocate Abhishek Singhvi, appearing for Moitra, if any formal order has been passed in the matter. Singhvi said a “camouflaged” order has been passed to display names of owners of eateries. He asserted the orders passed by the Uttar Pradesh and Uttarakhand governments is “exclusion by identity” and against the Constitution.
Senior advocate Chander Uday Singh, appearing for Association for Protection of Civil Rights, submitted that while the state authorities were claiming the order proposed voluntary compliance, it was being enforced by coercion. “It is not based on any statutory backing. No law gives police commissioner power to do this,” he asserted.
Asking Singhvi to desist from exaggeration, the bench told him, “These orders have dimensions of safety and hygiene also.” Singhvi said Kanwar Yatras have been going on for decades and people of different religious faiths-Islam, Christianity and Buddhism- have been helping Kanwariyas. He said many vegetarian hotels and restaurants being run by Hindus have Muslim and Dalit employees.
“I have been on the Haridwar route many times. There are lot of pure vegetarian restaurants run by Hindus. But if they have Muslim or Dalit employees, can I say I will not go there and eat? Because the food is somehow touched by them (Muslim employees) “These directives are issued without any authority of law, they are being clever. If I disclose, I am damned; if I don’t I am damned. What is the rational nexus of giving my name?” he said.
Referring to the Food Safety and Standards Act, 2006, Singhvi submitted the law does not prescribe owners to name their eateries after their names. During the hearing, the bench asked,”They (Kanwariyas) worship Shiva, yes? Do they expect the food to be cooked and served and grown by a certain community?”
Senior advocate Huzefa Ahmadi, appearing for the petitioners, submitted that a public notice had been issued by the authorities in Uttar Pradesh. In her plea before the top court, Moitra has sought a stay on the orders passed by the two state governments saying such directives aggravate discord between communities.
