Supreme Court stays orders to eateries on Kanwar routes to display names of owners

NEW DELHI, July 22: The Supreme Court has stayed the Uttar Pradesh and Uttarakhand police orders asking hotels and roadside eateries along Kanwar yatra routes to display the names of their owners. The next hearing is on July 26.

Prohibiting the enforcement of the orders, the apex court on Monday ruled that the food sellers must not be forced to display names of owners and employees.

The petitions were filed by the Association of Protection of Civil Rights and TMC MP Mahua Moitra and others. They argued that the order will lead to communal disturbances, besides subjecting the minorities to economic boycott by “targeting Muslim-owned businesses”.

"We deem it appropriate to pass an 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," a bench of Justices Hrishikesh Roy and SVN Bhatti said.

First the Muzaffarnagar police had issued the order and later on Friday the Uttar Pradesh Government orally extended the order statewide. The Government is yet to issue a formal order. Uttarakhand had already enforced the rule.

The Muzaffarnagar police order had evoked widespread criticism from Opposition parties and even some of the allies of the ruling coalition at the Centre even as the police clarified it was issued to ensure there was no law and order problem and to maintain social harmony during the Kanwar yatra.

The police clarified in a new statement, calling it only voluntary, “In the past, such instances have come to light where some shopkeepers selling all types of food items on Kanwar Marg named their shops in such a way that it created confusion among the Kanwariyas and created a law and order situation. To prevent such a recurrence, hotels, dhabas and shopkeepers selling food items on Kanwar Marg have been requested to voluntarily display the names of their owners and employees.”

However, State Government sources, on the other hand, indicated on Friday that a new order extending the Muzaffarnagar advisory to all Kanwar yatra routes in Uttar Pradesh would be issued soon.

Opposition, NDA allies call it communal

The Congress had claimed that the Muzaffarnagar police order would create enmity between communities.

AIMIM president Asaduddin Owaisi compared the order to the boycott of Jewish businesses in Hitler's Germany. Samajwadi Party president Akhilesh Yadav described the advisory as a "social crime." BSP leader Mayawati warned it could disrupt communal harmony.

The advisory was also opposed by allies of the NDA as well. Union Minister and NDA partner Chirag Paswan said he would "never support or encourage" any divide in the name of caste or religion. KC Tyagi of the Janata Dal (United), also an NDA partner, said it may cause communal tension. BJP leader Mukhtar Abbas Naqvi also said it would create hatred.

The BJP defended the order saying the kanwariyas want to eat satvik food and now they can choose where to take food from.

Baba Ramdev justified the order saying no one should have any problem in introducing themselves.

When the order was issued recently, Muzaffarnagar police chief Abhishek Singh had said, “About 240 km of Kanwar Yatra route falls in the district. All the eateries, including hotels, dhabas and carts, on the route, have been asked to display the names of their proprietors or those working on these shops.”

Meanwhile, hotels, dhabas and roadside eateries along the yatra routes in Uttarakhand have also been asked to display their owners' names, addresses and mobile phone numbers, according to the Chief Minister.

The 12-day yatra began on Monday. The Kanwariyas go to any Ganga ghat like Haridwar and collect the holy water in pitchers to perform abhishekam of the Shivalinga in their local temple. The ritual is called Kanwar yatra.