Kanwar Yatra : Supreme Court Seeks UP & Uttarakhand Response On Plea Against QR Code Mandate To Food Sellers

The Supreme Court today granted one week's time to the States ot Uttar Pradesh and Uttarakhand to file their replies to an application challenging the Government mandate to the to food sellers along the Kanwar Yatra route to display QR code stickers on their banners, which would enable the pilgrims to access the owners' details.

A bench of Justices MM Sundresh and N Kotiswar Singh issued notice and posted the application filed against the directives issued by the Uttar Pradesh and Uttarakhand Governments for next Tuesday.

The counsel for the State of Uttar Pradesh and Uttarakhand Dy Advocate General Jatinder Kumar Sethi sought two weeks' time to file reply. However, Senior Advocate Shadan Farasat, for the applicants, said that the matter is "time-sensitive" as the Kanwar Yatra will get over within ten-twelve days. The bench then agreed to post the matter next week. Senior Advocates Chander Uday Singh and Huzefa Ahmadi represented other petitioners.

The application seeks a stay of all directives requiring or facilitating public disclosure of ownership/employee identity of food vendors along Kanwar Yatra routes in the States of Uttar Pradesh and Uttarakhand. It is argued that the directions are contrary to the interim order passed by the Supreme Court last year, which held that sellers can't be forced to disclose their identities.

The applicants, Professor Apoorvanand and activist Aakar Patel, contend that to circumvent the Court's order, the Government authorities have issued new directions this year mandating the display of QR codes on all eateries along the Kanwar route, which reveal the names and identities of the owners.

They further claim that the intent behind the direction is to cause religious profiling of the sellers along the pilgrim route.

According to the applicants, the government directives have no backing of the law, and they are intended to cause religious polarization and discrimination.

"The new measures mandate the display of QR codes on all eateries along the Kanwar route, which reveal the names and identities of the owners, thereby achieving the same discriminatory profiling that was previously stayed by this Hon'ble Court."

Although the eateries are legally obliged to obtain licenses and display them, they need to be displayed only inside the premises. The Government mandate to display the names and identities of the owners on the billboards outside is an overstep, the application stated.

An apprehension is voiced that the Government's directions will cause mob violence, especially against vendors belonging to minority communities.

"That a directive to reveal religious, caste identities couched under the garb of “lawful license requirements” is a breach of privacy rights. The requisite license is a self-contained certificate, which although reveals the name of the owner, is displayed inside the premises at a place where it may be accessed. Equating this requirement to display a normal-sized license with the directive to display name of owner, manager and other employees on billboards outside, or to not give eateries names which do not reflect the religious identity of the owner are de hors the license requirements," the application read.

Case Title: APOORVANAND JHA AND ANR. Versus UNION OF INDIA AND ORS., W.P.(Crl.) No. 328/2024 (and connected cases)