The ban imposed by the Supreme Court on the UP government's directive to shopkeepers to display names on the Kanwar Yatra route will continue. During the hearing of the case on Friday, the Supreme Court continued the ban on the order to display names. The next hearing date has been fixed for August 5 and till then this interim stay will continue. The case was heard by a bench of Supreme Court Justices Rishikesh Rai and SVN Bhati.
Hearing on nameplate dispute in Supreme Court
The petition has been filed by Association for Protection of Civil Rights, TMC leader Mahua Moitra and Professor Apoorvanand and columnist Aakar Patel. It challenges the directive of the UP and Uttarakhand governments in which the state governments had said that during the Kanwar Yatra, shopkeepers will have to display their names on the Yatra route. During the hearing of the case on Friday, senior advocate Abhishek Manu Singhvi appeared on behalf of petitioner Mahua Moitra. He said that the UP government has filed a counter affidavit in the case and it was filed at 10.30 pm, so they will have to answer it. Since the affidavit has not yet come on record, the hearing of the case was postponed.
Singhvi's argument due to which the Supreme Court stayed CM Yogi's order
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Know what the UP government said
Senior advocate Mukul Rohatgi, appearing for the state government, said that the regulation issued by the state government has been issued under the central law i.e. Food and Safety Standards Act 2006. Under this law, it is mandatory for shopkeepers and vendors to display their names and this includes dhabas as well. In such a situation, the ban imposed on the instructions of the state government in this case is against the legal provision.
Ban on display of names will continue: Supreme Court
After this, the bench said that if the law says that the state should implement this law in the entire area. Justice Rai said that if there is such a provision in the law then it should be implemented everywhere, then why only in some states? On the postponement of the hearing of the case, the state government's lawyer Rohatgi said that the case should be heard on next Monday or Tuesday because the Kanwar Yatra lasts for two weeks and then this petition will have no meaning.
I used to go to a vegetarian hotel of Muslims… Justice Bhatti during the hearing on the Kanwar Yatra name plate dispute
Singhvi said- the government's order is discriminatory
Then the petitioner's lawyer Singhvi said that in the last 60 years there was no compulsion to display the name in this way during the Kanwar Yatra, so if the Yatra takes place without this instruction this year too, then there is no harm in it. The UP government has said in the affidavit that all this has been done to maintain the faith of the Kanwariyas and it has also been said that this is an instruction of temporary nature and it is not a matter of permanent discrimination, that is, it is not a matter of trouble for any shopkeeper. Singhvi has said that it is clear from the affidavit of the UP government that this is a discriminatory instruction because they themselves have said that the discrimination is not of permanent nature.
What did the Uttarakhand government say
On the other hand, Deputy Advocate General Jatinder Kumar Sethi on behalf of the Uttarakhand government has said that the law states that the names of shopkeepers should be displayed. The interim stay on this is creating problems. Some Kanwadis had also filed an intervention petition in the Supreme Court supporting the government's instructions. The Supreme Court said that the interim stay will continue and postponed the hearing till August 5.
UP government filed affidavit
The state government has defended the UP government's decision to instruct shopkeepers to display their names during the Kanwar Yatra in the Supreme Court. During the last hearing, the Supreme Court had stayed the said instruction of the state government and asked the state government to file a reply in this matter. In the affidavit filed by the UP government, it was said that during the Kanwar Yatra, all the shopkeepers on the route were asked to display their names. This was done so that the religious sentiments of the people are not hurt. Also, this instruction was issued to maintain peace and order.
'The government's order is not discriminatory'
Regarding the order, the government said that the objective behind it is to ensure transparency. Consumers, especially Kanwariyas, should know where and what kind of food they are eating during the journey and they can take care of their religious faith. They have holy water, so it was important for the faith of lakhs of people traveling so that no mistake happens. The government's directive is not discriminatory and it was applied to all food stalls. This rule was applicable to all shopkeepers on the route of the Kanwar Yatra and there was no discrimination against people of any community and religion. The purpose of this directive was to maintain public safety. During the Kanwar Yatra, a large number of people participate in it and an atmosphere of religious tension is also created and in such a situation, the government had taken precautionary measures to maintain peace and harmony. This step was to prevent any adverse atmosphere.