SC Extends Stay of UP & Uttarakhand Govt Direction Enforcing ID Display for All Shops on Kanwar Yatra Route

By Legal Wires 4 Minutes Read

The Supreme Court Today extended the interim order halting the directives issued by the Uttar Pradesh and Uttarakhand governments that all food and beverage establishments along the Kanwar Yatra route should display the names and identities of the owners outside their shops.

The Bench comprising Justice Hrishikesh Roy and Justice SVN Bhatti hearing petitions filed by the Association for Protection of Civil Rights, TMC MP Mahua Moitra, Professor Apoorvanand, and columnist Aakar Patel against the directives of the Uttar Pradesh and Uttarakhand governments.

State Argument

• Senior Advocate Mukul Rohatgi, representing the State of Uttar Pradesh, argued that the regulations under the Central law Food and Safety Standards Act, 2006 mandate that every food seller, including dhabas, must display the names of their owners.
• He contended that the interim order issued by the Court to halt the directive to display the owners’ names was contrary to Central law.
• Deputy Advocate General of Uttarakhand, Jatinder Kumar Sethi, argued that the law requires the display of owners’ names, and the interim order was causing issues.
• He stated that if an unregistered vendor causes any trouble along the Kanwar Yatra route, it could lead to law and order problems.
• Also, brief submissions were made by certain Kanwar pilgrims who intervened in the matter to support the government’s directives.

Petitioner Argument

• Senior Advocate Abhishek Manu Singhvi argued that there was no need to enforce name display requirements for this year’s Kanwar yatra, as it hasn’t been mandated in the past 60 years.
• He stated that the UP Government in their affidavit, admitted that directives were causing discrimination.

Courts Observation

• If there is the existence of a central law mandating the display of names, then the state shall enforce it consistently across all areas.
• A week has been granted to Uttarakhand and Madhya Pradesh to file their replies, along with an additional two weeks for rejoinders.
• The stay order shall continue till August 5, the next hearing date.

Also Read:

SC Stays UP & Uttarakhand Govt Direction Enforcing ID Display for All Shops on Kanwar Yatra Route | Legal Wires (legal-wires.com)

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