The Supreme Court on Monday ordered an interim stay on the directives issued by Bharatiya Janata Party-ruled Uttar Pradesh and Uttarakhand asking eatery owners along the Kanwar Yatra routes to display the names of their owners, the staff and other details, a move the opposition has claimed is intended to promote religious discrimination.
Issuing notice to the governments of Uttar Pradesh, Uttarakhand and Madhya Pradesh, where the Ujjain municipal body has issued a similar directive, a bench of Justices Hrishikesh Roy and SVN Bhatti, however, said eateries may be required to display the kind of food they are serving like they are vegetarian or non-vegetarian.
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.
The significant order comes amid an escalating row over the directives, with even BJP ally Rashtriya Lok Dal (RLD) joining the chorus for their withdrawal and opposition parties resolving to raise the issue in Parliament.
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.
"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.
No one appeared for the state governments in the apex court on Monday.
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 of Protection of Civil Rights challenging the directives.
At the outset, the bench asked senior advocate Abhishek Singhvi, appearing for Moitra, if any formal order has been passed in the matter.
Singhvi said a "camouflaged" order has been passed to display names of owners of eateries.
He asserted the orders passed by the Uttar Pradesh and Uttarakhand governments is "exclusion by identity" and against the Constitution.
Senior advocate Chander Uday Singh, appearing for Association for Protection of Civil Rights, submitted that while the state authorities were claiming the order proposed voluntary compliance, it was being enforced by coercion.
"It is not based on any statutory backing. No law gives police commissioner power to do this," he asserted.
Asking Singhvi to desist from exaggeration, the bench told him, "These orders have dimensions of safety and hygiene also."
Singhvi said Kanwar Yatras have been going on for decades and people of different religious faiths -- Islam, Christianity and Buddhism -- have been helping Kanwariyas.
He said many vegetarian hotels and restaurants being run by Hindus have Muslim and Dalit employees.
"I have been on the Haridwar route many times. There are lot of pure vegetarian restaurants run by Hindus. But if they have Muslim or Dalit employees, can I say I will not go there and eat? Because the food is somehow touched by them (Muslim employees).
"These directives are issued without any authority of law, they are being clever. If I disclose, I am damned; if I don't I am damned. What is the rational nexus of giving my name?" he said.
Referring to the Food Safety and Standards Act, 2006, Singhvi submitted the law does not prescribe owners to name their eateries after their names.
During the hearing, the bench asked, "They (Kanwariyas) worship Shiva, yes? Do they expect the food to be cooked and served and grown by a certain community?"
Senior advocate Huzefa Ahmadi, appearing for the petitioners, submitted that a public notice had been issued by the authorities in Uttar Pradesh.
In her plea before the top court, Moitra has sought a stay on the orders passed by the two state governments saying such directives aggravate discord between communities.
The TMC leader said forcing disclosure of the names of proprietors and staff, on the stated ground of respecting pilgrims' dietary choices, "makes it clear that dietary choices is a pretext, or a proxy, for the compelled disclosure of personal and, in this case, religious identity", the plea said.
It alleged this has been done to create a socially-enforced economic boycott on Muslim shop owners and workers, and the loss of their livelihoods.
Days after the Muzaffarnagar police asked all eateries along the Kanwar Yatra route to display the names of owners of eateries, the Uttar Pradesh government on Friday extended the controversial order across the state.
Besides the two state governments, the BJP-ruled Ujjain Municipal Corporation had directed shop owners to display their names and mobile numbers outside their establishments in the ancient city, home to the famous 'Mahakaal' temple.
The month of Shravan starts from July 22 this year and lasts till August 19.
