Supreme Court stays directive for shops along Kanwar Yatra route to display owner’s name

New Delhi, July 22: The Supreme Court on Monday stayed the directive issued by authorities in various states requiring shop owners and hawkers to display their names outside their premises during the Kanwar Yatra season, according to Bar & Bench.

The decision came after an NGO, the Association for Protection of Civil Rights, Member of Parliament Mahua Moitra, Delhi University Professor Apoorvanand, and activist Aakar Patel approached the court.

A Bench of Justices Hrishikesh Roy and SVN Bhatti issued notices to the states of Uttar Pradesh, Madhya Pradesh, Uttarakhand, and others where the Kanwar Yatra takes place. The matter is scheduled for a hearing on July 26.

"Until the returnable date, having regard to the ... discussion, we deem it appropriate to pass an interim order prohibiting the enforcement of the above directives. In other words, the food sellers, hawkers, etc., may be required to display the kind of food they are serving to Kanwariyas, but they must not be forced to disclose the names," the Court ordered.

The Bench was hearing a batch of petitions challenging the recent directive by the Uttar Pradesh Police in Muzaffarnagar that mandated shop owners to display their names during the Kanwar Yatra season.

On July 19, the Uttar Pradesh government made it mandatory for food and beverage shops along Kanwar Yatra routes to display the name and identity of the operator/owner of their establishments.

The UP government maintained that the decision was in the interest of law and order. The Court was informed that similar directives have been issued in other states. Critics argue that the directive is discriminatory and aimed at revealing the religious identity of the owners, particularly Muslim shop owners.

Senior Advocate Chander Uday Singh, representing the Association for Protection of Civil Rights, argued that the directive lacked statutory backing and was enforced in a discriminatory manner.

He stated, "It is not based on any statutory backing. No law gives the police commissioner power to do this. Only whether it is vegetarian, etc., needs to be mentioned. Not just for dhabas, but now for every seller. It does not serve any objective. Our Constitution fortunately does not say a person is barred from running places that serve certain food."

Singh emphasized that many affected by the directive are poor vegetable and tea stall owners, who would face severe economic consequences due to an economic boycott. Senior Advocate Abhishek Manu Singhvi, representing Trinamool Congress MP Mahua Moitra, supported these arguments, stating that the directive aimed at exclusion by identity and lacked rational justification.

Justice Bhatti cautioned against exaggerating the situation, noting that the orders also pertain to safety and hygiene. However, Singhvi argued that Kanwar Yatras have historically been inclusive, with people of all religions, including Muslims, helping along the way. He contended that the directive unfairly targets minority and Dalit-owned establishments.

Senior Advocate Huzefa Ahmadi, representing Professor Apoorvanand and Aakar Patel, referred to a public notice issued by Uttar Pradesh authorities and statements made by UP Chief Minister Yogi Adityanath enforcing the police directive. He argued that the directive violated constitutional principles of secularism and fraternity.

No representatives from the respondent authorities were present before the Court during the hearing. The Supreme Court will continue to address the matter in the next hearing scheduled for July 26.