NEW DELHI: The Supreme Court on Tuesday sought a response from Uttar Pradesh and Uttarakhand governments on a plea challenging challenging the government mandate to the food sellers along the Kanwar Yatra route to display QR code stickers on their banners, which would enable the pilgrims to access the owners' details.
A bench of Justices M M Sundresh and N Kotiswar Singh granted a week's time to both the states to file their response on an application filed by Delhi University professor Apoorvanand Jha and others.
Senior advocates Chander Uday Singh, Huzefa Hamadi and Shadan Farasat appeared for the applicants. Uttarakhand government was represented by Deputy Advocate General Jatinder Kumar Shethi, who sought two weeks time.
The applicants' counsel, however, contended that the matter is "time-sensitive" as the Kanwar Yatra will get over within ten to twelve days.
The court fixed the matter for consideration on Tuesday, July 22.
In 2024, the apex court had put on hold similar directives issued by BJP-ruled Uttar Pradesh, Uttarakhand, and Madhya Pradesh, asking eateries along the Kanwar Yatra routes to display the names of their owners, staff and other details.
The applicants were aggrieved with the fresh directive issued by the Uttar Pradesh and Uttarakhand government this year to shopkeepers along the Kanwar Yatra route to display QR codes for accessing owner details.
A large number of devotees travel from various places with 'kanwars' carrying holy water from the Ganga to perform 'jalabhishek' of Shivlings during the Hindu calendar month of 'Shravan'. Many believers shun the consumption of meat during the month. Many others don't even consume meals containing onions and garlic.
The application filed by Prof Apoorvanand Jha contended that the direction was contrary to the Supreme Court's order of 2024 which held that the sellers on the Kanwar Yatra route can’t be forced to disclose their identities.
It stated that the direction to display names of owners as well as of employees, at a prominent place
outside the shop, dhaba or restaurant, as being violative of Articles 14, 15, 17, 19 and 21 of the Constitution.
The plea contended that these steps effectively served the same unconstitutional end through digital means, in wilful disobedience of the top court's directions.
The applicants sought immediate withdrawal and compliance of the top court's earlier orders, which stated that the directive to reveal religious, caste identities couched under the garb of "lawful license requirements" is a breach of privacy rights.
They sought a direction to the States of UP, Uttarakhand to immediately withdraw all QR code-based identification mandates or any other mechanisms that result in disclosure of owner identity or religious profiling of vendors.
It sought stay on further actions taken pursuant to (whether oral, written or digital, including via QR codes) facilitating public disclosure of ownership/employee identity of food vendors along Kanwar Yatra routes in the States of Uttar Pradesh and Uttarakhand, pending final adjudication of the present writ petition.
Kanwar Yatra 2025, which began on July 11 would continue till August 09, 2025.
