Supreme Court refuses to vacate stay on UP government’s order to eateries to display names of owners

Satya Prakash

New Delhi, July 26

The Supreme Court on Friday refused to vacate its ex-parte interim stay on the Uttar Pradesh government’s directive to eateries on the Kanwar Yatra route to display the names of their owners.

Noting that it could not read the Uttar Pradesh government’s affidavit filed on Thursday night and the governments of Uttarakhand and Madhya Pradesh had sought time to file their responses, a Bench of Justice Hrishikesh Roy and Justice SVN Bhatt extended the stay order till August 5, the next date of hearing.

The Bench, however, clarified that there was no bar under its July 22 order on eateries voluntarily displaying owner or employee names during Kanwar Yatra. “We have said what needed to be said in our July 22 order. Can’t force anyone to disclose names,” it said.

On behalf of the Uttar Pradesh government, senior counsel Mukul Rohatgi defended its directive requiring eateries along the Kanwar Yatra route to display the names of their owners, saying the idea was to bring in transparency, avoid “potential confusion” and ensure a peaceful yatra.

Rohatgi urged the Bench to take up the matter on next Monday or Tuesday, saying “I (UP government) am suffering an ex-parte order” and the issue would become infructuous if it was delayed.

He sought to emphasise that the state government was simply enforcing a law enacted by Parliament that required shop owners to display their names and that the petitioners didn’t inform the court about the existence of such a law.

“Then let it be enforced all over…not only in certain states. File a counter (affidavit) showing it has been enforced all over,” the Bench said.

However, the Bench posted the matter for hearing on August 5 to enable the governments of Uttarakhand and Madhya Pradesh to file their replies. It also refused to entertain intervention applications filed on behalf of the devotees/Kanwar Yatris.

“It may be noted that the idea behind the directives is transparency and informed choice of the consumers/kanwarias regarding the food they eat during the period of the Yatra, keeping in mind their religious sentiments so that they don’t, even accidentally, fall foul of their beliefs,” the Uttar Pradesh government said in an affidavit filed in response to PILs challenging its directive.

On behalf of petitioners, the Association for Protection of Civil Rights, TMC MP Mahua Moitra, Prof Apoorvanand Jha and others, challenging the validity of the directive, senior counsel AM Singhvi opposed Rohatgi’s submissions.

“The temporary nature of the directives ensures that they do not inflict any permanent discrimination or hardship on the food sellers, simultaneously ensuring maintaining the sentiments of Kanwariyas and their religious beliefs and practices”. “So they say there is discrimination, but it is not permanent,” Singhvi told the Bench.

“We deem it appropriate to pass an 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 not be forced to disclose the names of owners and staff employed,” the Bench had said on July 22, staying the UP government’s order.

The petitioners alleged that the UP government’s directive went against secularism and was aimed at exclusion by identity.

“Impugned directives encourage discrimination on grounds of caste and religion and cannot be seen to serve any ‘legitimate purpose’. These directives promote discrimination solely based on religious and caste identity, as they do not require the display of food items being served or a statement that no non-vegetarian or non-satvik food is being served, but only the display of religious or caste identity explicit in one’s name. This directly breaches Article 15 of the Constitution,” one of the petitions submitted.

Maintaining that the decision was in the interest of law and order, the Uttar Pradesh government had on July 19 made it mandatory for food and beverage shops along the Kanwar Yatra routes to display the names/identity of the operators/owners of such establishments.

However, opposition political parties and Muslim organisations criticised the decision, terming it discriminatory against Muslims.

In Madhya Pradesh, a similar circular has been issued by the BJP-ruled Ujjain Municipal Corporation which has directed the shop owners in the city to display their names and mobile numbers outside their establishments. Any violation of this order will attract a fine of Rs 2,000 for the first offence and Rs 5,000 if the order is defied for the second time, the Ujjain Municipal Corporation reportedly said.

On Friday, the Bench asked Ujjain Municipal Corporation to spell out its stand.