With Kanwar Yatra ending, top court limits order to mandatory display of statutory licences and registration certificates
New Delhi: The Supreme Court on Tuesday refused to stay the ‘QR’ code directive for eateries along Kanwar Yatra route in Uttar Pradesh and Uttarakhand, and directed all hotel owners along the route to display their licences and registration certificates in line with the statutory requirements.
A bench of Justices M.M. Sundresh and N. Kotiswar Singh said: "We are told that today is the last day of the yatra. In any case it is likely to come to an end in the near future. Therefore, at this stage we would only pass an order that all the respective hotel owners shall comply with the mandate of displaying the licence and the registration certificate as per the statutory requirements."
The top court was hearing a plea filed by academician Apoorvanand Jha and others.
Senior advocate Abhishek M. Singhvi, appearing for the petitioners, submitted that the UP government should have sought the modification of the court's 2024 order before issuing the QR code directives.
Singhvi said: "This is the most divisive initiative, to ostracise people during the yatra, as if these people are untouchables. Will my surname ensure that 'kanwariyas' receive good quality food, not menu cards? This is the most divisive initiative possible."
Referring to news reports over the alleged attacks on certain shops by kanwariyas, the senior lawyer said, "When you sow the seeds of divisiveness, the rest is taken care of by the populace."
Responding to his submission, Justice Sundresh said people had different food choices and a vegetarian may choose to go to only a place serving exclusively vegetarian food, especially during a religious pilgrimage.
Senior advocate Mukul Rohatgi, appearing for the Uttar Pradesh government, said directions were issued in line with the requirements of the Food Safety and Standards Authority of India regulations.
"There are people in this country who will not eat in their brother's house if meat is cooked. There are sentiments of devotees and as per the regulations under the Act they require photo identity. Why are you scared of showing your name? I don't understand," Rohatgi said.
Senior advocate Huzefa Ahmadi, representing other petitioners, said the eateries along this route only sold vegetarian items during this period according to local regulations.
Justice Sundresh observed a customer must have the choice of knowing if a place was exclusively selling vegetarian items throughout.
"If a hotel is running as a vegetarian hotel all through, then the question of indicating names and other things will not arise. But if only for the purpose of yatra, somebody stops serving non-vegetarian food and starts selling vegetarian food, the consumer should know," the judge remarked.
He continued, "To that extent, consumers should have that flexibility. If one hotel was earlier serving non-vegetarian, and for the purpose of better business they serve only vegetarian during the yatra, it will be an issue for the consideration of the consumer. The choice is of the consumer. Consumer is the king."
The bench said it was not inclined to examine the petition as the issue was infructuous considering it was the last day of the yatra.
A large number of devotees travel from various places with "kanwars" carrying holy water from the Ganga to perform "jalabhishek" of Shivling during the Hindu calendar month of "Shravan". Believers shun the consumption of meat during the month and even avoid meals cooked with onion and garlic.
