In a recent turn of events, the Supreme Court has served notices to the UP, MP, and Uttarakhand governments over their order requiring eating joints along the Kanwar Yatra route demanded by the center to display the names of their owners. The bench has also stayed an order directing the shop sellers in the areas on the Kanwar Yatra map to display their names.
Justice Hrishikesh Roy and SVN Bhatti presided over the bench, admitted the applications, and allowed the state governments to file their replies up to Friday.
The bench pointed out that the directives are challenged, specifically the one made by the SSP Muzaffarnagar Police on July 17, and the threat of police action in case there is no compliance with the given directions.
The petitioners’ case was that under the Food Security Act, the authority may make orders, but the powers that have been given to the competent authority cannot be exercised by the police without any order in black and white supported by law.
Their arguments were that it would be hardly possible to achieve the goal of serving vegetarian foods to the Kanwariyas by requiring the proprietors and their employees to state their names and present addresses.
To the extent that the bench recognized the petitioners’ contention that the directive was unlawful and a threat to the secularism of the republic and may impugn articles 15(1), 17, and 19(g) of the Constitution of the republic.
The respondents’ counsel further continued to reason that such an order has never been passed before, and the Police Commissioner does not have legal authority to give such a directive as there is no statutory basis for it.
Justice Bhatti observed that the issue has three dimensions: Social justice, which can also be referred to as safety standards, and secularism, which are all prominent aspects.
This decision to stay the order and await a response from the state governments shows that the court is very intelligent and is considering all aspects of this rather sensitive issue.
This case is expected to have important repercussions for VOH, the rights of FBOs, and the legal control of the annual event called Kanwar Yatra.
