Supreme Court Extends Stay on Directive for Eateries Along Kanwar Yatra Route

On July 17, 2024, Muzaffarnagar’s Senior Superintendent of Police required eateries along the Kanwar route to display owners’ names, later extended statewide. The directives are being rigorously enforced across Uttar Pradesh and Uttarakhand.

The Supreme Court of India has extended the interim order that stays the directives from the governments of Uttar Pradesh and Uttarakhand. These directives required eateries along the Kanwariyas pilgrim route to display the names of their owners and staff. The stay will remain in place until August 5, the next scheduled hearing.

A bench comprising Justices Hrishikesh Roy and SVN Bhatti heard the petitions filed by the Association for Protection of Civil Rights, TMC MP Mahua Moitra, Professor Apoorvanand, and columnist Aakar Patel against the directives.

Senior Advocate Dr. Abhishek Manu Singhvi, representing Mahua Moitra, requested more time to respond to a counter-affidavit filed by the Uttar Pradesh government late the previous night. The bench agreed to adjourn the matter, noting that the counter-affidavit had not yet been recorded.

Senior Advocate Mukul Rohatgi, representing the State of Uttar Pradesh, argued that the Central law, the Food and Safety Standards Act, 2006, requires all food sellers, including dhabas, to display the names of their owners. He asserted that the interim order contradicts this law and that the petitioners should have informed the Court about the law’s existence.

The Suprme Court bench responded that if such a law exists, it should be enforced uniformly and not selectively. They instructed Rohatgi to file a counter showing the law’s enforcement across all areas. Rohatgi requested an early hearing, emphasizing that the Kanwar yatra period would soon end, making the issue moot.

Singhvi countered that there had been no such mandate in the last 60 years of Kanwar pilgrimages, arguing that the yatra could proceed this year without the directives. He highlighted that the UP government admitted in their affidavit that the directive caused discrimination, though temporary.

Deputy Advocate General of Uttarakhand, Jatinder Kumar Sethi, argued that the legal mandate for displaying owner names was enforced statewide during all festivals and that the interim order caused issues. He cited concerns over potential mischief, such as unregistered vendors selling harmful products to pilgrims.

The bench clarified that the stay only prevented forced display of names, not voluntary compliance. Despite a request for clarification, the bench maintained the interim order. The State of Madhya Pradesh denied issuing a similar directive.

Senior Advocates Chander Uday Singh and Huzefa Ahmadi also represented the petitioners. Previously, the Court issued notices to UP, Uttarakhand, Madhya Pradesh, and Delhi, staying the directives and stating that eateries should indicate the type of food sold to Kanwariyas but should not be forced to display owner and employee names.

Background:

The Kanwar Yatra is an annual pilgrimage by Shiva devotees, known as Kanwarias, to collect holy water from the Ganges River at sites like Haridwar and Gangotri. On July 17, 2024, Muzaffarnagar’s Senior Superintendent of Police required eateries along the Kanwar route to display owners’ names, later extended statewide. The directives are being rigorously enforced across Uttar Pradesh and Uttarakhand.

The petitioners argue that these directives threaten religious divides and violate fundamental rights under the Indian Constitution, including the right to privacy, exposing owners and workers to potential danger.