NEW DELHI: The Supreme Court on Monday prohibited the Uttar Pradesh, Uttarakhand and Madhya Pradesh governments from implementing directives to display names of the owners of hotel, shops, eateries and dhabas, which fall in route of 'Kanwar yatris' (holy expedition).
A bench of Justices Hrishikesh Roy and S V N Bhatti stayed the orders and issued notice to the state governments after hearing a batch of pleas challenging the validity of such orders.
The court sought a response from the states and put the matter for consideration on Friday.
"To require the vendors to display the name of the owners and the staff in his establishment cannot by itself be termed as a measure to ensure vegetarian or shudh sakahari food...the dietary choice of the yatris can certainly be ensured by requiring only shakahari food to be served on the route of the Kanwarias," the court said.
Senior advocate A M Singhvi, appearing for one of the petitioners, contended directives would have larger issue of exclusion based on the identity. The directives would result in economic boycott with the identification of the owners, besides causing the domino effect, he said.
He said the directive issued by the police authorities does not have a statutory backing too.
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He said Kanwar Yatra has been happening for decades and there are hotels which served pure veg foods but had the Muslim employees. All religion members have been serving foods to the people during the 'Kanwar Yatra'.
Others counsel, also for petitioners, said the order is being implemented at the highest level in as statements were issued by the Uttar Pradesh and Uttarakhand Chief Ministers.
The directives impinged upon preambular promise of secularism and fraternity. The orders also go against the constitutional principle of non discrimination on the basis of caste, religion and race, they said.
An NGO, Association For Protection of Civil Rights (APCR), All India Trinamool Congress leader, MP Mahua Moitra and academician Prof Apoorvanand and others have filed their separate pleas assailing the orders.
After hearing the petitioners, the court said food sellers must not be forced to serve names of owners, staff employed.
The directives were issued 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.
After a public outrage, the order was reviewed and left to the 'free will' of the eateries owners to display their names.
The UP government maintained that the guidelines over the display of nameplates on establishments along the Kanwar route were to ensure the 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' would commence on Monday, July 22 with the starting of the Hindu month of Shravan and end on August 2.
