The ban on disclosing the names of shopkeepers during the Kanwar Yatra will continue… What did the Yogi government say in the Supreme Court


New Delhi: The ban imposed by the Supreme Court on the UP government’s instruction to shopkeepers to display names on the route of the Kanwar Yatra will continue. The Supreme Court continued the ban on the instruction to display names during the hearing of the case on Friday. The date for the next hearing has been fixed as August 5 and this interim stay order will continue till then. The case was heard by a bench of Supreme Court Justice Rishikesh Rai and Justice SVN Bhati.

Hearing on nameplate dispute in Supreme Court

The petition was filed by Association for Protection of Civil Rights, TMC leader Mahua Moitra and Professor Apoorvanand and columnist Aakar Patel. In this, the directive of the UP and Uttarakhand government has been challenged in which the state governments had said that during the Kanwar Yatra, shopkeepers will have to display their names on the travel route. During the hearing of the case on Friday, senior advocate Abhishek Manu Singhvi appeared on behalf of petitioner Mahua Moitra. he/she said that the UP government has filed a counter affidavit in the case and it was filed at 10:30 pm and in such a situation they have to respond to it. Since the affidavit has not yet come on record, the hearing of the case was postponed.

Singhvi’s argument due to which Supreme Court stayed CM Yogi’s order

Know what was said by the UP government

Senior advocate Mukul Rohatgi appeared on behalf of the state government and said that the regulation issued by the state government was 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 name and this includes Dhaba as well. In such a situation, the ban imposed on the instructions of the state government in this case is against the legal provision.

The ban on displaying the name will continue: SC

The bench then 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 a few states? When the hearing of the case was postponed, 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.

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Singhvi said- the government 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 troublesome for any shopkeeper. Singhvi has said that it is clear from the UP government’s affidavit 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 says that the names of shopkeepers should be displayed. The interim stay on it is creating problems. Some Kanwadis also filed an intervention petition in the Supreme Court supporting the government’s directive. The Supreme Court said that the interim stay will continue and postponed the hearing to August 5.

UP government filed affidavit

The state government has defended the decision of the UP government 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 the 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 to ensure that the religious sentiments of the people are not hurt. Also, this instruction was issued to maintain peace.

‘Government’s order is not discriminatory’

Regarding the order, the government said that the idea behind this was to ensure transparency. Consumers, especially Kanwariyas, should be aware of 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 with them, so it was important for the faith of lakhs of people who are travelling 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 the shopkeepers on the route of the Kanwar Yatra and no discrimination was made with 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 steps to maintain peace and harmony. This step was to prevent any adverse environment.

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