SC extends interim stay on nameplate directive till August 5

New Delhi: The Supreme Court on Friday extended its stay order on the operation of controversial directives issued by the Uttar Pradesh, Uttarakhand, and Madhya Pradesh governments requiring all eateries and dhabas along the Kanwar Yatra route to display names of owners and workers.

A bench, headed by Justice Hrishikesh Roy, granted a week's time to the state governments of Uttarakhand and Madhya Pradesh to file their reply in the matter.

The bench, also comprising Justice S.V.N. Bhatti, took note of the submission that the Uttar Pradesh government filed its counter-affidavit late on Thursday and the petitioners should be given time to file their rejoinder submissions.

Ultimately, the apex court posted the matter for hearing on August 5 and in the meantime, ordered an extension of the stay order.

Issuing notice on petitions challenging the impugned directives, the top court, on July 22, stayed the enforcement of the directive requiring all eateries and dhabas along the Kanwar Yatra route to display names of owners and workers.

In its affidavit, the UP government has told the top court that the impugned “nameplate” directive was issued to ensure the peaceful completion of the Kanwar Yatra pilgrimage. The state government said that the idea behind issuing the directive was to strengthen transparency and informed choice of the pilgrims regarding the food they eat during the period of the Yatra, keeping in mind their religious sentiments.

"Even small confusions regarding the kind of food they (Kanwariyas) are served, has the potential to hurt their religious sentiments and cause flare-ups, especially in a communally sensitive area like Muzaffarnagar," said the affidavit sworn by Divisional Commissioner, Saharanpur.

It added that the directive, limited to the route of the Kanwar Yatra for a period of less than two weeks, was issued solely in the interest of ensuring a peaceful completion of the Kanwar Yatra, in which more than 4.07 crore of Kanwariyas participate annually.

"The temporary nature of the directives ensures that they do not inflict any permanent discrimination or hardship on the food sellers, simultaneously ensuring maintaining the sentiments of Kanwariyas and their religious beliefs and practices. Moreover, the said guidelines have only been issued for a limited geographical extent."

The UP government said that it is committed to the secular values enshrined in the Constitution, protecting the religious sentiments of every individual regardless of his or her religion and to this end, the government always takes steps to ensure that all religious festivals of all religious denominations are celebrated or carried out peacefully, without offending the religious sentiments of the people, taking measures to prevent any untoward law and order situation.