SC extends stay on order over eateries along Kanwar Yatra
NEW DELHI: The Supreme Court on Friday extended the interim order staying the directives issued by the Uttar Pradesh and Uttarakhand governments, which mandated eateries along the Kanwariya pilgrim route to display the names of their owners and staff. This stay will remain in effect until August 5, the next date of hearing.
The UP government defended its directive, stating it was intended to avoid "potential confusion" and ensure a peaceful yatra. The apex court also directed the governments of Uttarakhand and Madhya Pradesh to file their responses regarding the matter.
A bench comprising Justices Hrishikesh Roy and S.V.N. Bhatti declined to issue any clarification on the July 22 order, stating, "We have said what needed to be said in our July 22 order. Can't force anyone to disclose names." The bench permitted the petitioners to respond to the state governments' replies and scheduled the next hearing for August 5.
Senior advocate Mukul Rohatgi, representing the Uttar Pradesh government, argued that the directive was a legal requirement and urged the court to hear the matter urgently due to the heavy influx of devotees during Shravan, especially on Mondays. Rohatgi also noted that the interim order was passed ex-parte and without hearing, claiming it was inconsistent with central law.
Deputy advocate general for Uttarakhand Jatinder Kumar Sethi clarified that the state had not issued any specific order related to the Kanwar Yatra, but was enforcing existing laws requiring eateries to display their registration certificates and identity cards during all festivals to prevent potential law and order issues.
The bench instructed that any existing laws governing eateries and shops should be uniformly enforced across the states. The court also noted that the stay order only applied to forced disclosure, not voluntary display of names.
Counsel for Madhya Pradesh stated that no specific order had been issued by the Ujjain municipal body regarding name disclosures, and the court's previous order was based on a news report cited by the petitioners.
The Supreme Court took note of the arguments and maintained the interim stay, emphasising the need for transparent enforcement of relevant laws. The next hearing is set for August 5.
On July 22, the Supreme Court had ordered an interim stay on the directives issued by the BJP-ruled states of Uttar Pradesh, Uttarakhand, and Madhya Pradesh, while hearing multiple petitions challenging the mandates.
The month of Shravan began on July 22 and will continue until August 19.