The Supreme Court on Monday imposed an interim stay on controversial directives by the Uttar Pradesh and Uttarakhand governments that eateries along Kanwar Yatra route must display names of owners. A bench of Justices Hrishikesh Roy and SVN Bhatti, however, said eateries may be required to display the kind of food they are serving - whether they are vegetarian or non-vegetarian.
Uttar Pradesh and Uttarakhand governments' orders on displaying names of owners of eateries on Kanwar Yatra route is "exclusion by identity," and against the Constitution, Abhishek Manu Singhvi told the Supreme Court on Monday while appearing for Mahua Moitra over the plea challenging the controversial state government orders.
"We deem it appropriate to pass interim order prohibiting the enforcement of the above directives. In other words, food sellers may be required to display kind of food, but must not be forced to display names of owners, staff employed," the bench said and posted the matter for further hearing on Friday.
A traffic advisory was issued by the Delhi Police in view of Kanwar Yatra which commenced properly on Monday, July 22, the first day of Sawan (Shravan) this year, and will culminate on August 2.
A large number of Kanwariyas are expected to reach Delhi, while some of them will go to Haryana and Rajasthan via Delhi borders. This year, the expected number of people is about 15- 20 lakh, the advisory said.
The Kanwar Yatra is an annual pilgrimage of devotees of Shiva, known as Kanwarias or "Bhole". The Kanwarias travel to Haridwar, Gaumukh and Gangotri in Uttarakhand and Ajgaibinath, Sultanganj in Bhagalpur, Bihar to collect holy waters of Ganges River and then bring it back on foot to their hometowns where they offer the water to Shivlings on Maha Shivratri, which is on August 2 this year.
This year's Kanwar Yatra caught headlines even before starting as a political row erupted over Uttar Pradesh's and Uttarakhand governments asking eateries along the Kanwar Yatra route to display their owners' names.
Kanwar Yatra Order In Parliament, SC
The row over the directive by Uttar Pradesh and Uttarakhand governments asking eateries along the Kanwar Yatra route to display their owners' names escalated as the BJP's ally RLD on Sunday joined the chorus for its withdrawal and the opposition parties stated they will raise the issue in Parliament.
The issue also reached the Supreme Court which is scheduled to hear on Monday a plea filed by an NGO - Association of Protection of Civil Rights - against the UP government order.
Trinamool Congress (TMC) MP Mahua Moitra too moved the Supreme Court against the orders, alleging they are aimed at creating a socially enforced economic boycott of Muslim shopowners and workers and would aggravate communal discord between communities.
What Petitioners Told SC
The Supreme Court on Monday asked Abhishek Singhvi, appearing for Mahua Moitra, whether any formal order been passed by Uttar Pradesh and Uttarakhand governments on displaying names of eatery owners.
Abhishek Singhvi told the Supreme Court that a 'camouflaged' order has been passed to display names of owners of eateries.
"UP and Uttarakhand governments' orders on displaying names of owners of eateries "is exclusion by identity and against Constitution," Abhishek Singhvi told the top court on Monday.
The Supreme Court, while imposing interim stay on the nameplate order by Uttar Pradesh and Uttarakhand, issues notice to both the states along with Madhya Pradesh on the pleas against the directive.
In Madhya Pradesh, the Ujjain municipal body had issued a similar directive.
The Controversial Orders
Days after the Muzaffarnagar Police asked all eateries along the Kanwar Yatra route to display their owners' names, the BJP government on Friday extended the controversial order across Uttar Pradesh, drawing flak from many Muslim bodies, besides political parties.
The BJP rejected the criticism, saying authorities were only implementing the 2006 rules made by the then Samajwadi Pary government in the state.
Uttarakhand Chief Minister Pushkar Singh Dhami said similar instructions are already in place in his state as well.
The opposition has alleged that the orders were "communal and divisive" and intended to target Muslims and Scheduled Castes by forcing them to reveal their identity, but the BJP maintained that the step has been taken keeping in mind law and order issues and the religious sentiments of pilgrims.
