The Supreme Court has extended till August 5, its interim order staying the directives of the Uttar Pradesh and Uttarakhand governments that the eateries along the Kanwariya pilgrim route must display the names of the owners and the staff.
The Bench of Justice Hrishikesh Roy and Justice SVN Bhatti passed the order on Friday on petitions filed by the Association for Protection of Civil Rights, Trinamool Congress MP Mahua Moitra, Professor Apoorvanand and columnist Aakar Patel against the directives of the UP & Uttarakhand governments.
Appearing for Moitra, Senior Advocate Dr Abhishek Manu Singhvi submitted that the Uttar Pradesh government filed a counter-affidavit on the night of July 25 at 10:30 pm. He sought time to file a rejoinder.
The Apex Court, noting that the counter-affidavit has not come on record, agreed to adjourn the matter.
Appearing for the State of Uttar Pradesh, Senior Advocate Mukul Rohatgi submitted that the regulations under the Central law Food and Safety Standards Act, 2006 required every food seller, including dhabas, to display the names of the owners.
He argued that the interim order passed by the Court staying the directive to display names of the owners was not in line with this Central law, as it was not brought to its notice by the petitioners.
The Bench replied that if any such law existed, the state should be enforcing it throughout all areas. It directed Rohatgi to file a counter showing it has been enforced all over.
The Senior Advocate requested for an early hearing, preferably next Monday or Tuesday, saying that the matter will otherwise become infructuous as the Kanwar yatra period will be over in two weeks. He added that the petitioners had the duty to inform the Court about the existence of such a law.
Singhvi submitted that since there was no mandate to display owners’ names during the Kanwar pilgrimages of the last 60 years, there was no harm in allowing the yatra this year without the enforcement of such directions.
He added that the UP government has admitted in their affidavit that the direction was causing discrimination.
Deputy Advocate General of Uttarakhand, Jatinder Kumar Sethi, submitted that the law mandated the display of the owners’ names and that the interim order was creating problems.
He contended that this legal mandate was being enforced by the State all over during all festivals. If an unregistered vendor caused any mischief along the Kanwar Yatra route, it will lead to law and order problems, citing an example of an unregistered vendor selling mangoes laced with sedatives to the pilgrims.
The Court further heard brief submissions made by certain Kanwar pilgrims, who intervened in the matter to support the government’s directions.
The intervenor contended that Kanwar pilgrims only take vegetarian food items prepared without garlic and onion. There were certain shops with confusing names, giving a false impression that they serve only vegetarian food causing problems to the pilgrims. It was in this context that the Muzaffarpur police issued the advisory to display the names “voluntarily”, he submitted.
The top court of the country clarified that it has not prevented anyone from voluntarily displaying the names of owners & staff and the stay was only against forcing anyone to do so.
The counsel appearing for the State of Madhya Pradesh denied a news report that the Ujjain Municipal Corporation has issued a similar directive.
Senior Advocates Chander Uday Singh and Huzefa Ahmadi also appeared for the petitioners.