New Delhi, Jan 5 (PTI) The Supreme Court on Friday sought responses from the Uttar Pradesh government and others on two separate pleas challenging the notification prohibiting the manufacturing, storage, sale and distribution of food products with halal certification within the state, except for items produced for export.
The November 18 last year notification was issued by the office of Commissioner, Food Safety and Drug Administration, Uttar Pradesh, under section 30 (2) (a) of the Food Safety and Standards Act, 2006.
The petitions came up for hearing before a bench of Justices B R Gavai and Sandeep Mehta which issued notice to the Uttar Pradesh government, Centre and others seeking their responses on the pleas.
Initially, the bench questioned the advocates representing the petitioners as to why the apex court should entertain the pleas under Article 32 of the Constitution and why they should not approach the high court first.
Article 32 of the Constitution deals with remedies for enforcement of rights and 32 (1) says that right to move the apex court by appropriate proceedings for enforcement of rights conferred by this part is guaranteed.
The lawyer representing one of the petitioners said the issue involved pan-India ramifications and also has an impact on trade and commerce.
“Even high court’s order would be having a pan-India effect. If suppose a particular instrument is stayed by the high court, the stay will be applicable throughout the country,” the bench observed.
The top court said the issue of inter-state trade and commerce can also be considered by the high court.
The lawyer argued the issue was required to be examined by the apex court and it has to be considered whether such a notification can be issued.
He said issue of public health was also there along with impact on trade, commerce as well as religious feelings.
The counsel said an FIR was lodged in Uttar Pradesh on November 17 last year against one of the petitioners and other entities alleging they were issuing forged halal certificates for financial gains.
The bench, while issuing notice on the pleas, posted it for hearing after two weeks.
It, however, refused the request of one of the counsel that no coercive steps be taken against the petitioners.
The bench said it would consider this afterwards.
One of the petitions have been filed by Halal India Private Limited and others, while the other plea is by Jamiat Ulama-E-Maharashtra and others.
The plea filed by the Jamiat Ulama-E-Maharashtra and others has also arrayed the Centre as one of the party respondents and sought quashing of the FIR and November 18 notification.
The petition filed by Halal India Private Limited and others has urged the top court to declare the November 18 notification as unconstitutional and quash the FIR lodged against them and others.
“It is submitted that the said impugned FIR has been registered only a day prior to the issuance of the impugned notification, presupposing a ban on halal certified food and other items, and is therefore only an example of the mala fide exercise of powers by the respondent state,” the firm said in its plea filed through advocate Ejaz Maqbool.
It said the FIR also alleged that the sale of halal certified products “fosters social animosity” and all the allegations made in it against the petitioners were “false and baseless”.
Referring to the notification, the plea claimed it was apparent that the restriction imposed by the notification was “only an attack on the followers of Islam religion which provides certain criteria of products that is permitted to be used by its followers”.
It alleged that the FIR and the notification were “evidently arbitrary”, targeted towards the religious beliefs of a particular community in the country, “infringes upon the fundamental rights guaranteed to the petitioners under Articles 14, 19, 21, 25, 26 and 29 of the Constitution of India and is against the idea of secularism enshrined in the Constitution”.
The plea said there exists several other certifying non-governmental agencies which certify ‘satvik’ food, which is consumed by citizens following a particular religion in the country.
“However, the same has not been brought under the ambit of the impugned notification. Therefore, the impugned notification selectively prohibits the citizens of this country who are followers of the Islamic culture and values, from consuming food and using materials which are halal certified/permissible in accordance with the Islamic culture and values,” it said.
The plea claimed the notification allegedly makes a “vague and arbitrary statement” that halal products were being prohibited in view of public health, without elaborating on how such products were adversely affecting public health.
It said pursuant to the notification issued in Uttar Pradesh, the leaders of a political party in Karnataka called for a ban on halal certification on food items, medicines and cosmetic products across all states in India.
“It is submitted that the widespread impact of the impugned notification and the ban on the manufacture, sale, storage, and distribution of halal certified products has instilled fear in the populace all across India,” it said. PTI ABA MNK ABA MNK MNK
This report is auto-generated from PTI news service. ThePrint holds no responsibility for its content.