New Delhi: The Supreme Court Monday stayed the controversial orders of the Uttar Pradesh and Uttarakhand governments asking the shopkeepers to display their names outside their establishments during the Kanwar Yatra
The shopkeepers should display the type of food served, but need not display their names, castes or that of their employees, a bench of Justices Hrishikesh Roy and S.V.N. Bhatti said in its interim order.
The interim order came while the court was hearing a petition challenging the Uttar Pradesh and Uttarakhand Govt order directing eateries along the Kanwar Yatra route to display names of owners.
The top court sought response from the states and posted the matter for hearing on 26 July. “It is also seen that implication of directives is spread across multiple states,” said Justice Hrishikesh Roy.
On Sunday, DU professor Apoorvanand and columnist Aakar Patel petitioned the apex court, challenging the UP and Uttarakhand governments’ order to the owners of the eateries to display the names outside the shops.
Trinamool Congress MP Mahua Moitra had also separately moved the apex court against the directives from the Uttar Pradesh and Uttarakhand governments.
In the petition, Apoorvanand and Patel argued that the directives cause disproportionate intervention and violate the fundamental rights of the citizens guaranteed under Articles 14 (equality before law), 15 (prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth) and 17 (abolition of untouchability) of the Constitution.
On Sunday, Bageshwar Dham head Dhirendra Shahstri also warned shopkeepers outside Bageshwar Dham to display their names.
Earlier, ThePrint reported that Muslim owners and fruit vendors had claimed that they were pressured by the Uttar Pradesh Police to write their names and display the placards at their shops.
Eateries selling non-vegetarian food had begun shutting down ahead of the yatra that began Monday. Many dhaba owners sacked their Muslims workers from their shops, fearing repercussions.
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‘Idea of directive is exclusion by identity’
Representing Moitra, senior advocate Abhishek Manu Singhvi contended that the idea of directive is exclusion by identity and questioned the rational nexus behind the directives.
“This is not the republic we envisaged in the Constitution. It has never been done before. It has no statutory backing. No law gives the Police Commissioner the power to do it. The directive is for every haath-gaadi (hand cart), redi (vendor), tea-stall, giving names of employees and owners does not serve any purpose,” he said.
If the intention is to provide only vegetarian food to kanwariyas, Justice Roy said, the directive is contended to be contrary to constitutional and legal norms prevalent in the country.
“Compelling all proprietors to display their names and address, and also of their staff, would hardly achieve the intended objective. It’s argued that without any support of provisions, if the directive is permitted to be enforced,” said Roy.
“It will infringe the secular character of the republic…this will also have the effect of violation of rights under Art 15(1), 17 of the Constitution,” he added.
(Edited by Tony Rai)