The Supreme Court on Monday stalled the order of the Uttar Pradesh, Uttarakhand and Madhya Pradesh governments asking owners of eateries along the Kanwar Yatra route to display their names.
Issuing notice to the Uttar Pradesh, Uttarakhand and Madhya Pradesh governments where Kanwar Yatra takes place, a bench of Justice Hrishikesh Roy and Justice S.V.N. Bhatti said that police cannot force shopkeepers to display their names and they can only be asked to display food items being sold.
“Until the returnable date, having regard to the discussion, 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…,” the bench said in its interim order and posted the matter for hearing on July 26, 2024.
The directive to display the names of the w owners of the eateries was reportedly enforced across many districts of Uttar Pradesh, Uttarakhand and Madhya Pradesh also came up with similar directives.
The top court’s order came while hearing a batch of petitions challenging the directive issued by the Senior Superintendent of Police, Muzaffarnagar in Uttar Pradesh, to shop owners to display their names outside shops during the Kanwar Yatra season. Police had said that the decision was in the interest of law and order.
As the hearing started, the bench asked whether any formal order had been passed to enforce such direction.
Senior advocate Chander Uday Singh, appearing for the Association for Protection of Civil Rights, said that while the authorities were claiming it was being voluntarily done, the directive was being enforced.
Senior advocate Abhishek Manu Singhvi, who was representing Mahua Moitra, Kanwar Yatras have been happening for decades and people of all religions including Muslims, Christians and Buddhists help them on their way.
The top court was moved by the petitions including Lok Sabha member Mahua Moitra, Association for Protection of Civil Rights, and Delhi University Professor Apoorvanand along with senior journalist and activist Aakar Patel.
The petitioners have challenged the directives saying it is causing religious discrimination and questioned the source of power of the authorities to issue such directions.
Last week, the Uttar Pradesh government asked the food and beverage shops along Kanwar Yatra routes to display the name and identity of the operator/owner of their establishments.