SC extends stay on UP Govt's Kanwar Yatra directive to display names of owners outside eateries

New Delhi: The Supreme Court extended its interim order on Friday, staying directives issued by the authorities of certain state governments that eateries along the Kanwar Yatra route should display the names of the owners outside such shops.
A bench of Justices Hrishikesh Roy and SVN Bhatti granted time to the Uttarakhand and Madhya Pradesh governments to file their responses to the pleas.
Senior advocate Mukul Rohatgi, appearing for the Uttar Pradesh government, told the bench that the regulations under the Central Law Food and Safety Standards Act, 2006, require that every food seller, including 'dhabas', must display the names of the owners.
He said the interim order passed by the apex court staying the directive to display the names of the owners was contrary to the central law.
Deputy Advocate General of Uttarakhand, Jatinder Kumar Sethi, also told the bench that the law mandates the display of the owners' names and that the interim order was creating problems. He added that if an unregistered vendor causes any mischief along the Kanwar Yatra route, it will lead to law and order problems.
The bench said there is no restriction on shops or eateries voluntarily displaying the names of their owners and employees outside their eateries but they cannot be forced.
Meanwhile, counsel appearing for Madhya Pradesh denied a news report that the Ujjain Municipal Corporation has issued a similar directive.
The top court was hearing a batch of petitions challenging the directive issued by the Senior Superintendent of Police, Muzaffarnagar in Uttar Pradesh, to shop owners to display their names outside shops during the Kanwar Yatra season. Police had said that the decision was in the interest of law and order.
The directive was reportedly enforced across many districts of Uttar Pradesh and Uttarakhand and Madhya Pradesh also came up with similar directives.
On July 22, the Supreme Court put an interim stay on directives issued by authorities of State governments that eateries along the Kanwar Yatra route should display the names of the owners outside such shops.
The apex court had also issued notice to Uttar Pradesh, Uttarakhand and Madhya Pradesh where Kanwar Yatra takes place.
On Thursday, the Uttar Pradesh government has filed an affidavit in the Supreme Court opposing petitions challenging it's directive regarding display of name of shop owners on Kanwar route and said directive was to ensure a peaceful completion of Kanwar Yatra and to ensure larger transparency.
The government said that the idea behind the directive is transparency and informed choice of the consumer/Kanwaria regarding the food they eat during the period of the Yatra, keeping in mind their religious sentiments so that they don't, even accidently, fall foul of their beliefs, said UP government.
"Such situations would obviously lead to flare ups where lakhs and crores of people are walking barefoot carrying holy water," affidavit of UP government stated.
Filing it's affidavit, the UP government stated that requirement of mere transparency, with prominent disclosures of the names of the operators of the eateries and the type of food they serve is certainly "not discriminatory or restrictive at all".
UP government said that the State has imposed no ban or prohibition on the trade or business of the food sellers (except the restriction on selling non veg food), and they are free to conduct their business as usual. "The requirement to display the names and identities of the owners is merely an additional measure to ensure transparency and avoid any potential confusion among the Kanwariyas," affidavit added.
"Past incidents have shown that misunderstandings regarding the type of food being sold have led to tensions and disturbances. The directives are a proactive measure to avoid such situations," UP government told the Supreme Court.
It said directive was issued solely in the interest of ensuring a peaceful completion of the Kanwar Yatra, in which more than 4.07 crores of Kanwariyas participate annually.
The petitions were filed by Member of Parliament Mahua Moitra, Association for Protection of Civil Rights, Delhi University Professor Apoorvanand with activist Aakar Patel. They have challenged the directives saying it's causing religious discrimination and questioned the source of power of the authorities to issue such directions.
Last week, the Uttar Pradesh government asked the food and beverage shops along Kanwar Yatra routes to display the name and identity of the operator/owner of their establishments.