Supreme Court stays governments’ directive asking eateries on Kanwariya Yatra route to put owners' names and issues notices to Uttar Pradesh, Uttarakhand and Madhya Pradesh governments on bach of petitions challenging their directive asking eateries on Kanwariya Yatra route to put owners' names.
The apex court stated that eatery owners are only obligated to inform customers about the type of food they serve.
The court saught responses from the respective states and posted the matter for hearing on July 26. Supreme Court says food sellers must not be forced to serve names of owners, staff employed.
The order was issued as the bench of Justices Hrishikesh Roy and SVN Bhatti considered a plea filed by an NGO, the Association of Protection of Civil Rights, challenging the Uttar Pradesh government's directive.
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In its plea, the NGO told the apex court that the UP government order requiring hawkers and shopkeepers along the Kanwar Yatra route to display their names constitutes "exclusion by identity."
Advocate CU Singh, representing the NGO, argued that the order was "camouflaged" and amounted to the "economic death" of small-scale shopkeepers. He submitted to the court that the UP government order has no statutory backing and that such a directive serves no purpose.
Similarly, senior advocate Abhishek Manu Singhvi argued that the order was issued without any legal authority and described it as a "camouflage."
"It is a disguised order for the Kanwar Yatra. Violators will be fined if they don't display their names. We are talking about thousands of kilometers. Most of these shops are tea stalls, and some belong to fruit shop owners. This is economic death," Singhvi stated.
"The larger issue is much more significant. You choose a restaurant based on the menu, not on who is serving. The directive's intent is exclusion by identity. This is not the republic envisioned in our Constitution," he added.
During today's hearing, the court noted that the directive is argued to be against the constitutional and legal norms prevalent in our country. It is contended that the directives are discriminatory, according to Live Law.
Controversial direction
Last week, police in Muzaffarnagar instructed eateries, including roadside carts, along the Kanwar Yatra route to display the names of their owners or proprietors to "avoid any confusion" among the yatris.
A few days later, on July 19, the Uttar Pradesh government extended the directive statewide. Uttarakhand’s Haridwar also issued similar orders.
The directive received criticism from opposition parties as well as from allies of BJP in NDA, prompting calls for its withdrawal.
