"Unconstitutional order...": TMC MP and petitioner Mahua Moitra on SC verdict on 'nameplates' in Kanwar Yatra routes

Jul 22, 2024

New Delhi [India], July 22 : After the Supreme Court put an interim stay on 'nameplates' on eateries in Kanwar Yatra routes, Trinamool Congress (TMC) MP and petitioner Mahua Moitra on Monday termed it an "unconstitutional order" and said that the order was against the fundamental principles of the Constitution.
The Supreme Court on Monday put an interim stay on directives issued by the authorities of certain state governments that eateries along the Kanwar Yatra route should display the names of the owners outside such shops.
"I am happy; we had filed the petition yesterday and it came up in the Supreme Court today. It is a completely unconstitutional order against the fundamental principles of our Constitution against Article 15, 19. There is a stay on the order and there is no requirement to display the identities and names of owners and employees. Only the Veg/Non-Veg symbol is to be put in the shops," the TMC MP told ANI.
Moitra further thanked the TMC party, West Bengal Chief Minister Mamata Banerjee and the Supreme Court for standing up for them.
"I am glad that we stood up and I am very thankful to my party and my leader, Mamata Banerjee, who has always stood out against anything unconstitutional," she added.
On the Supreme Court's verdict on 'nameplates in Kanwar Yatra', Shiv Sena (UBT) MP Arvind Sawant welcomed the Apex court decision.
"I welcome this verdict...The Supreme Court has done the work of saving the Constitution. This kind of dirty politics is done by the ruling BJP," Sawant said.
Meanwhile, JD (U) leader KC Tyagi welcomed the Supreme Court decision and thanked the top court.
"I welcome this decision of the Supreme Court. It was our apprehension that this rule would divide society. The Supreme Court took this matter in its cognizance. I am thankful for this," KC Tyagi said.
A bench of Justices Hrishikesh Roy and SVN Bhatti issued notice to Uttar Pradesh, Uttarakhand and Madhya Pradesh, where the Kanwar Yatra takes place.
The bench said state police cannot force shopkeepers to display their names and they can only be asked to display food items.
"Until the returnable date, having regard to the discussion, we deem it appropriate to pass an interim order prohibiting the enforcement of the above directives. In other words, the food sellers... hawkers, etc. may be required to display the kind of food they are serving to Kanwariyas but they must not be forced to disclose the names," the bench said in it's order.
It has posted the matter for hearing on July 26.
The top court was hearing a batch of petitions challenging the directive issued by the Senior Superintendent of Police, Muzaffarnagar, in Uttar Pradesh, to shop owners to display their names outside shops during the Kanwar Yatra season. The police had said that the decision was in the interest of law and order.
The directive was reportedly enforced across many districts of Uttar Pradesh and Uttarakhand and Madhya Pradesh also came up with similar directives.
The petitions were filed by Member of Parliament Mahua Moitra, the Association for Protection of Civil Rights, Delhi University Professor Apoorvanand with activist Aakar Patel.
They have challenged the directives, saying it's causing religious discrimination and questioned the source of the power of the authorities to issue such directions.
Last week, the Uttar Pradesh government asked the food and beverage shops along Kanwar Yatra routes to display the name and identity of the operator/owner of their establishments.
Senior advocate Abhishek Manu Singhvi, who was representing Mahua Moitra, Kanwar Yatras have been happening for decades and people of all religions including Muslims, Christians and Buddhists help them on their way.