Supreme Court stays Kanwar Yatra nameplate order; ’directives are discriminatory,’ says the judge

Supreme Court on July 22 stayed the order passed by Uttar Pradesh and Uttarakhand police asking eatery owners along the Kanwar Yatra path to display names of owners and the staff employed by them. The directives issued by the Uttar Pradesh government are discriminatory, the top court said.

The court was hearing a plea by an NGO that challenged the orders issued by the Uttar Pradesh and Uttarakhand government. The order directed shop owners and eateries along the Kanwar Yatra route to display the names of their owners.

“Do not force the owners of eateries along the Kanwar Yatra route to display their names outside shops”, Supreme Court Orders in interim order to Uttar Pradesh, Uttarakhand and other governments, legal news website LiveLaw reported.

A Supreme Court bench of justices Hrishikesh Roy and SVN Bhatti heard the plea filed by an NGO - Association of Protection of Civil Rights. Trinamool Congress Member of Parliament Mahua Moitra had moved the Supreme Court over this controversial order. The petition sought a stay on these orders, arguing that they exacerbate communal tensions and are aimed at creating a socially enforced economic boycott of Muslim shop owners.

“If the intention is to provide only veg food to Kanwariyas...the directive is contended to be contrary to constitutional and legal norms prevalent in our country. It is a contention that the directives are discriminatory,” Justice Roy was quoted as saying by Live Law.

“The authority may issue orders under Food Security Act...but powers conferred on competent authority can't be usurped by police without any formal order supported by law.” The Supreme Court order said, “food sellers must not be forced to display names of owners, staff employed,” the court said.

The controversial order has been widely criticised by opposition parties and some allies of the ruling National Democratic Alliance at the Centre. The opposition alleges that it unfairly targets Muslim traders.

Advocate Abhishek Manu Singhvi, who appeared on behalf of petitioner Mahua Moitra, said, “FSSAI regulations say you only have to mention calorific values and whether veg non veg,” reported Bar and Bench. He added, “Window here is 22nd July - 6th August...each day without intervention serves the purpose.”