The Supreme Court has stayed, till Friday, a controversial Uttar Pradesh government order directing eateries along the Kanwar Yatra route to display names of owners and employees “to ensure… no confusion…” The order had been slammed by the opposition; AIMIM leader Asaduddin Owaisi – who has claimed this move is to ensure no ‘kanwariya (pilgrim) buys from a Muslim-owned shop – had compared it to Apartheid in South Africa and the boycotting of Jewish business in Nazi Germany.
The court, directing the UP government order be paused, referred to the “… implication of directives” and served notice to the UP, Uttarakhand, and Madhya Pradesh governments. Crucially, it also noted “… the threat of police action in the event of non-adherence to the directives…”
“…until returnable date we deem it appropriate to pass interim order prohibiting enforcement of above directives. In other words, food sellers must not be forced to display names of owners, staff…” the court ordered.
The bench of Justice Hrishikesh Roy and Justice SVN Bhatti also made some strong observations this afternoon, noting “it is permissible for authorities to ensure kanwariyas (pilgrims) are served vegetarian food conforming to their preferences (and) maintaining hygienic standards”.
“Compelling all proprietors to display names and address, also of their staff, can hardly achieve intended objective…” Justice Roy reasoned, also adding, “…without support of provisions, if the directive is permitted to be enforced… it will infringe the secular character of Republic of India.”
Food, and who cooks and serves at restaurants, was at the core of arguments this morning.
“You go to a restaurant depending on the menu, not who is serving. The idea of directive is exclusion by identity. This is not the republic we envisaged in Constitution…” senior advocate Abhishek Singhvi, appearing for the petitioners, said.
“There are a lot of ‘pure vegetarian’ restaurants run by Hindus… but they may have Muslim employees. Can I say I won’t eat there? Because food is somehow ‘touched’ by them?”
Last week police in UP’s Muzaffarnagar mandated all food joints along the route to prominently display names of owners. “This is being done to ensure there is no confusion among kanwariyas, and no allegations are raised in the future, leading to a law and order situation,” the cops said.
“Everyone is following this of their own free will…” the police said at a press conference.
The opposition has slammed the directive and at least three allies of the ruling Bharatiya Janata Party, including Bihar Chief Minister Nitish Kumar, whose support at the centre is crucial to the BJP, and union ministers Jayant Chaudhary (Rashtriya Lok Dal) and Chirag Paswan (Lok Janshakti Party).