The Supreme Court on Friday extended its July 22 interim order staying the directives issued by the Bharatiya Janata Party-ruled Uttar Pradesh, Uttarakhand, and Madhya Pradesh, asking eateries along the Kanwar Yatra routes to display the names of their owners, staff and other details.
A large number of devotees travel from various places with 'kanwars' carrying holy water from the Ganga to perform 'jalabhishek' of Shivlings during the Hindu calendar month of 'Shravan'. Many believers shun consuming meat during the month they consider holy. Many don't consume meals containing onions and garlic.
A bench of Justices Hrishikesh Roy and S V N Bhatti said it won't issue any clarification on the July 22 order as "We have said what needed to be said in our July 22 order. Can't force anyone to disclose names."
The bench asked the Madhya Pradesh and Uttarakhand governments to file their response to the pleas challenging their respective directives.
It allowed the petitioners to file their responses to the replies of the state governments and posted the matter for August 5.
Apart from the Uttar Pradesh and Uttarakhand governments, the BJP-controlled civic body of Ujjain in Madhya Pradesh had also issued similar directive to shop owners. Ujjain is home to the famous "Mahakaal" temple to Lord Shiva.
Senior advocate Mukul Rohatgi, appearing for the Uttar Pradesh government, said they have filed their reply and their stand is that the directive in question is the requirement under law.
He urged the court to take up the matter next Monday otherwise the issue will become infructuous. There is huge rush of devotees at Shiva temples on Mondays, especially during the month of Shravan.
"We have suffered ex-parte order and without hearing the order was stayed," he submitted, adding that the interim order passed by the court is not in line with the central law.
The bench said if there is any law governing eateries and shops, then the state should enforce it across areas under its jurisdiction.
"Let the law be enforced all across the state and not only in certain areas. You please file an affidavit showing that the law has been enforced all over," Justice Roy told Rohatgi.
Senior advocate Abhishek Singhvi, appearing for Trinamool Congress leader Mahua Moitra, said if this law mandating display of names and other details has not been put in force for the past 60 years, the issue can be taken up in due course of time and let the yatra continue without enforcing the direction.
He submitted that the response of the Uttar Pradesh government was supplied to him at 10:30 pm on Thursday and he needed time to file a reply.
Deputy Advocate General for Uttarakhand Jatinder Kumar Sethi said the state has not issued any specific order with respect to Kanwar Yatra and the government was only enforcing law that mandated disclosure of the names of eateries during all festivals.
He said Kanwar Yatra is an annual pilgrimage in which a large number of people participate, and to avoid any mischief, the state needs to enforce the law.
Sethi urged the bench to allow the state to take action to implement two laws under which it was mandatory for shops and business establishments to display their registration certificates and identity cards. He said the apex court's interim order was coming in the way of enforcing those laws.
The two laws he referred to are: Food Safety and Standards (Registration and Licensing) Regulations, 2011 (a central law) and Uttarakhand Panchayati Raj Bylaws (a state legislation).
"We are anticipating a law and order problem if the law is not enforced effectively," Sethi said.
The bench, however, refused to pass any such order.
Advocate Barun Sinha and another counsel appearing for intervenors urged the court to lift the stay or issue a clarification otherwise Kanwarias will get misled and eat at eateries where onion and garlic are served.
The bench said it has not prevented anyone from voluntarily displaying the names of owners and other details and its stay was only against forced disclosure of names.
Counsel appearing for Madhya Pradesh clarified that the Ujjain municipal body has not issued any order for disclosing the names of owners of eateries and other details, and the court has passed the July 22 order against it while relying on a news report cited by the petitioners.
The bench took on record the statement and asked the Madhya Pradesh government to file an affidavit.
In its reply, the Uttar Pradesh government defended its directive requiring eateries along the Kanwar Yatra route to display the names of their owners and staff, saying the idea was to bring in transparency, avoid "potential confusion" and ensure a peaceful yatra.
On July 22, the apex court ordered an interim stay on the directives issued by the BJP-ruled Uttar Pradesh, Uttarakhand, and Madhya Pradesh governments.
"...we deem it appropriate to pass an interim order prohibiting the enforcement of the impugned directives. In other words, the food sellers (including dhaba owners, restaurants, foods and vegetable sellers, hawkers, etc) may be required to display the kind of food that they are serving to the Kanwariyas.
"But they must not be forced to display the name/identity of the owners and also the employees, deployed in their respective establishments. It is ordered accordingly," the bench had directed.
The top court was hearing a batch of pleas including those by TMC MP Mahua Moitra, academician Apoorvanand Jha and columnist Aakar Patel, and NGO Association for Protection of Civil Rights challenging the directives.
The month of Shravan has started from July 22 this year and will last till August 19.
