Supreme Court Halts Enforcement of UP and Uttarakhand Directives on Eateries Displaying Owner Names

New Delhi, July 22, 2024 – The Supreme Court of India has issued an interim order prohibiting the enforcement of recent directives by the Uttar Pradesh and Uttarakhand governments that required eateries to display the names of their owners and operators. Instead, eateries are now mandated to display the type of food they serve, specifying whether it is vegetarian or non-vegetarian.

Court’s Interim Order:

The interim order was passed by a two-judge bench comprising Justices Hrishikesh Roy and SVN Bhatti. Notices have been issued to the governments of Uttar Pradesh, Uttarakhand, and Madhya Pradesh, asking them to refrain from enforcing these directives until further notice. The bench has requested responses from these state administrations by Friday.

Bench’s Observations:

The court emphasized that, until the returnable date, the affected eatery owners are only required to display the type of food they serve and not the names of the owners or staff employed. The bench noted that the orders have dimensions of safety, standard, and secularism, and all three aspects are important.

Justice Bhatti, addressing the petitioners’ counsel, Senior Advocate Abhishek Manu Singhvi, remarked, “Dr. Singhvi, let us also not exaggerate what is happening on the ground level. These orders have dimensions of safety and hygiene also. Your contention is it is leading to exclusion, correct? Let us narrate without exaggeration.”

Petitioners and Representation:

The petition challenging the orders was filed by Apoorvanand Jha and Aakar Patel, who were represented by Senior Advocate Huzefa Ahmadi. Mahua Moitra, another petitioner in the case, was represented by Senior Advocate Abhishek Manu Singhvi. The bench noted that no arguments were presented by representatives of the Uttar Pradesh and Uttarakhand governments.

Arguments and Court’s Decision:

The petitioners argued that the requirement to display owner names could lead to exclusion and discrimination. They contended that the reservation of hygiene could be effectively managed by merely displaying the type of food served. The court, taking these arguments into account, issued the interim order and instructed the states to respond by Friday.

Impact on Kanwar Yatra:

The interim order means that Kanwariyas, pilgrims participating in the annual Kanwar Yatra, will not be able to know whether individuals with names operate the eateries as the eateries are now required to display only the type of food served.

Next Steps:

The Supreme Court has directed the representative states to file their responses by Friday. The matter will be further examined once the responses are submitted.

This interim order highlights the ongoing debate over state directives and their impact on public and communal harmony, with the Supreme Court balancing considerations of safety, standard, and secularism in its provisional ruling.