Despite HC Order Allowing Muslim Vendors At Kanfinath Yatra, Discrimination Is Apprehended: Hawkers' Union Writes To Bombay HC Chief Justice

Days after the Aurangabad bench of the Bombay High Court temporarily stayed the operation of a resolution passed by the Gram Sabha of Madhi village in Ahilyanagar district, which banned Muslims from installing any shops during the annual Kanfinath Yatra in the Pathardia Tehsil, a group of more than 30 hawkers unions have now urged Chief Justice Alok Aradhe to intervene in the issue as the local leaders in the area been giving bytes to the media that 'no Muslim vendor would be allowed to do business' during the annual fair. 

The annual religious fair commences from every year from the day of Holi (March 14 this year) and continues till the end of the month. However, this years Kanfinath Yatra is in news much prior to its commencement because of the controversial resolution passed by the Gram Sabha under its Sarpanch Sanjay Markad.

Notably, by an order passed on March 11, a division bench of Justices Mangesh Patil and YG Khobragade had stayed the operation of the resolution passed by the Gram Sabha on February 22 to ban Muslim vendors from carrying out business, till April 8, 2025. The bench was petitioned by a few vendors, who sought to challenge the constitutionality of the resolution. 

"Inspite of this order, the Sarpanch Sanjay Markad has made statements in the media that since that resolution was invalidated by the Block Development Officer (BDO), they will pass another resolution but will not allow Muslim vendors to do business. He has also made statements against the Muslim community and repeatedly shown his intolerance and intent to disallow Muslim vendors from setting up stalls in the Kanifnath Yatra," the letter states. 

Due to these continuing threats, the letter states, the safety of the Muslim vendors if they erect the stalls, continues to be under question.

"A fear persists among the Muslim vendors, who have arrived in Madhi village with their wares and stocks bought for sale at the fair and will suffer grave losses if they do not put up their stalls. Even as this Court has stayed the illegal resolution and no new resolution has been passed as yet, without the active support of the authorities to implement the court's order and prevent its non-compliance by errant officials, instigators, trouble-makers and politically motivated individuals, the safety and dignity of the Muslim vendors is at stake," the letter reads. 

Further, the letter highlights that the right to work, equality and protection from discrimination are fundamental rights of all citizens under the Indian Constitution, irrespective of the community or religion they belong to.

"Moreover, any violation by the Sarpanch, Gram Sabha members, local authorities and any individuals in disallowing Muslim vendors from doing business and erecting their stalls at the Kanifnath Yatra which starts tomorrow (March 14), would stand in contempt of the order passed by this High Court and in blatant disregard of the law of the land," the hawkers apprehend.

Therefore, the hawkers' unions have urged CJ Aradhe to intervene in the matter by issuing directions to the authorities to take all measures to ensure compliance of the order passed on March 11, and to ensure that no direct and/or indirect attempts are made to impose any unconstitutional ban on Muslim vendors or prevent them from doing business at the Kanifnath Yatra. A further request is made to the Chief Justice to direct the authorities to protect from any violence, harassment or abuse, and ensure safety and dignity of the Muslim vendors to enable them to work in a safe working environment, and to ensure communal harmony at Madhi village and in the State.