'No need to display owners' names, show menu': SC stays UP, Uttarakhand order to eateries on Kanwar Yatra route

SC bench, led by Justices Hrishikesh Roy and S.V. N Bhatti, issued an interim order on Monday after hearing a plea from the NGO, Association For Protection of Civil Rights.

Kanwariyas walk past a shop on which banners with shopkeeper's name was put up on Kanwar Marg after an order issued by Uttar Pradesh Government, in Muzaffarnagar, Saturday, July 20, 2024. PTI

NEW DELHI: In a significant order, the Supreme Court on Monday stayed the Uttar Pradesh, Uttarakhand and Madhya Pradesh government's directive asking eateries on the Kanwariya Yatra route to put shop owners' names, addresses as well as mobile numbers of their owners and staff.

The top court's two-judge bench, headed by Justice Hrishikesh Roy and Justice S V N Bhatti, passed the interim order on Monday, after hearing the plea filed by an NGO named Association For Protection of Civil Rights (APCR), All India Trinamool Congress leader and Prof Apoorvanand, after moving the Apex court that challenged the state government's order.

"We deem it appropriate to pass an interim order prohibiting the enforcement of directives. In other words, the food sellers (including dhaba owners, restaurants, foods and vegetable sellers, hawkers, etc.) may be required to display the kind of food that they are serving to the Kanwariyas. But they must not be forced to display the name/identity of the owners as well as the employees deployed in their respective establishments," the bench said in its order. 

The apex court, while passing the interim order, issued notice to all the three states -- UP, Uttarakhand and Madhya Pradesh  -- and asled them to file their respective replies and fixed the matter for further hearing again next, on July 26.

"Food sellers must not be forced to serve names of owners, staff employed," the apex court said.

The order, of Uttar Pradesh govt to all shopkeepers and eatery owners to display their names along with other details across all pockets in the state where the Kanwar Yatra is organised, was yesterday challenged in the Supreme Court, by APCR), Moitra and Prof Apoorvanand.

The UP government issued directives on Friday making it mandatory for shopkeepers and eatery owners to display their names along with other details on their establishments across all pockets in the state where the Kanwar Yatra is organised.

However, after a strong reaction from various quarters, the order was reviewed on Thursday and it was left to the 'free will' of these eateries owners to display their names.

The UP government made it clear on Friday that the guidelines over the display of nameplates on establishments along the Kanwar route were to ensure smooth conduct of the yatra and also to maintain the sanctity of the pilgrims' faith. The authorities also made it clear that action would be taken against those selling 'halal-certified' products.

The Kanwar Yatra will commence on July 22 with the onset of the Hindu month of Shravan and conclude on August 2.

During the hearing, Justice Bhatti, while batting for hygiene at eateries, on Monday, said that he used to frequent a vegetarian restaurant run by a Muslim while posted in a state as it maintained international standards.

"I have my experience and knowledge when I was in Kerala. I may not state openly as I am a sitting judge of this court. Without disclosing the name of the city, there is a vegetarian hotel run by a Hindu. There is another vegetarian hotel run by a Muslim," Justice Bhatti observed. 

The petitioners argued that just on the eve of Kanwariya Yatras for the year 2024, the directives have been issued and there is no instance of any similar directives in the past years.

"The implication of the directions and their enforcement is spread across multiple States in the country covering the route of the Kanwariya Yatris. Let notice, returnable on July 26, 2024, be issued in these writ petitions," the court noted in its order.