Sharks of Law
Adv Shubham Pahuja
Adv Shubham Pahuja. | 4 months ago | 185 Views

Supreme Court Decides That Names Cannot Be Displayed At Dhabas Along The Kanwar Yatra Routes

An interim verdict issued by the Supreme Court on July 21, 2024 put a halt to the orders compelling shops along the Kanwar Yatra routes in Uttar Pradesh to publish their names. The court ruled that the proprietors should only list the kinds of food that are provided in their restaurants.

A bench consisting of Justices Hrishikesh Roy and SVN Bhatti sent a notice to the governments of Uttar Pradesh, Uttarakhand, as well as Madhya Pradesh regarding the "nameplate order." An NGO called the Association for Protection of Civil Rights was arguing against the Uttar Pradesh government's order before the bench.

Kanwar Yatra Row: Background of the Case

In the case of the Association for Protection on Civil Rights vs The State of Uttar Pradesh and Ors:

  • An annual pilgrimage to gather sacred water from the Ganges River is called the Kanwar Yatra, as well as "Bhole" by Shiva followers.
  • The Senior Superintendent of Police, Muzaffarnagar, issued an order on July 17, 2024, mandating that the names of the proprietors be displayed in all restaurants along the Kanwar road. On July 19, 2024, this directive was extended to the entire state. Allegedly, the directive is currently being strictly implemented in every district of Uttar Pradesh and Uttarakhand.
  • The Supreme Court appears to have received three petitions opposing the aforementioned directive: (i) the Association for Protection of Civil Rights (APCR), an NGO; (ii) Mahua Moitra, a TMC MP; and (iii) (iii) Columnist Aakar Patel and prominent political analyst Apoorvanand Jha, who teaches at Delhi University.
  • The contentions raised by the petitioner, among various other things, that the directions themselves infringe or violate upon the individual's basic fundamental rights protected according to Articles 14, 15, 17, as well as 19 of the Indian Constitution and pose a great threat to the harmony of the religion. It has also further alleged that they infringe or violate the various private rights of restaurant owners as well as their employees by bringing them in danger as well as turning them into the mass targets.

Hearing of the Case

  • During the hearing of the case, the attorney for the petitioners told the Supreme Court that it was too much troubling that police officers were forced to divide the people. "Economic boycotts and virtual identification of minorities would occur. Other than Uttarakhand and Uttar Pradesh, two more states have joined. Was there a legal order or a news release requiring these to be displayed, the Supreme Court queries. said the petitioners' attorney.
  • The petitioners' lawyer countered that there had been a public outcry and a news release earlier. They said that although it was voluntary, they were strictly enforcing it. Counsel stated that although there isn't a legal order, the police are acting strictly. In an appearance on behalf of a petitioner, senior attorney Abhishek Manu Singhvi claims that the order is disguised.
  • Senior attorney CU Singh, speaking on behalf of a petitioner, stated that the majority of people run extremely low-income vegetable and tea stands and will suffer financial ruin if they are the target of such an economic boycott. He said, "We have been subject to bulldozer actions for noncompliance." 
  • The Supreme Court advised Singhvi not to depict the issue in a way that is more dramatic than what is actually happening. There are hygienic and safety aspects to these mandates as well.

The Highest Court, i.e. the Supreme Court halts kunwar yatra nameplates. On the day of July 26, 2024, the apex court will take a very close look at this particular matter to strike a compromise between upholding the rights of the company owners as well as guaranteeing and safeguarding the Kanwariyas' transparency. The controversial nameplate rule cannot be enforced until and unless further notice.

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