Kanwar Yatra : Supreme Court Extends Stay On UP, Uttarakhand Directives To Eateries To Display Owner & Staff Names

The Supreme Court today extended the interim order of status quo over Uttar Pradesh and Uttarakhand governments' directives that eateries along the Kanwariya pilgrim route must display names of the owners and staff.

A bench of Justices Hrishikesh Roy and R Mahadevan was dealing with the 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 UP and Uttarakhand governments.

On the last date of hearing, the matter was adjourned as State of Uttar Pradesh had filed a counter-affidavit (a day prior) but the same had not come on record. Despite objections by state-authorities, the interim order passed by the court earlier (staying the directives) was extended.

Today, the matter could not be heard. However, while the bench was rising, a counsel mentioned that Kanwar Yatra is going on and Shravan will end on August 19. As such, if the case is heard prior to that, issues can be sorted out.

The bench, without passing any specific order in individual cases which remained to be heard, directed that the matter be re-listed.

Background

The Kanwar Yatra is an annual pilgrimage undertaken by Shiva devotees known as Kanwarias or "Bhole", during which they travel to key Hindu pilgrimage sites such as Haridwar, Gaumukh, and Gangotri in Uttarakhand and Ajgaibinath in Sultanganj, Bhagalpur, Bihar, to fetch holy water from the Ganges River.

On July 17, 2024, the Senior Superintendent of Police, Muzaffarnagar, issued a directive requiring all eateries along the Kanwar route to display the owners' names. This direction was extended statewide on July 19, 2024. Reportedly, the directive is now being rigorously enforced across all districts of Uttar Pradesh and Uttarakhand.

Against the said directive, three petitions were filed before the Supreme Court - (i) first, by NGO-Association for Protection of Civil Rights (APCR), (ii) second, by TMC MP Mahua Moitra, and (iii) third, by well-known political commentator and Delhi University academic Apoorvanand Jha and columnist Aakar Patel.

The petitioners argue inter-alia that the directives threaten a religious divide and violate the fundamental rights of citizens guaranteed under Articles 14, 15, 17, and 19 of the Indian Constitution. It is further claimed that they violate the right to privacy of owners and workers of eateries, exposing them to danger and making them targets.

On July 22, notice was issued by the court to UP, Uttarakhand, Madhya Pradesh and Delhi. Further, the impugned directives were stayed with an observation that shops and eateries may be required to display the kind of food that they are selling to Kanwariyas. However, they must not be forced to display the names/identities of owners and employees deployed in the establishments.

Case Title: ASSOCIATION FOR PROTECTION OF CIVIL RIGHTS (APCR) Versus THE STATE OF UTTAR PRADESH AND ORS., W.P.(C) No. 463/2024