SC declines to stay QR code rule for Kanwar Yatra eateries
A bench of Justice MM Sundresh and Justice NK Singh disposed of the interlocutory applications challenging the mandates, while clarifying that eateries must continue to display their licences and registration certificates as per statutory requirements.
'We are told 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 hotel owners comply with the mandate of displaying licences and registration certificates,' the bench ordered, adding that it was not entering into other contentious issues raised.
During the hearing, Justice Sundresh emphasised the importance of consumer choice, observing, 'People have different food preferences. A vegetarian person may prefer to go only to a place serving exclusively vegetarian food, especially during a religious pilgrimage. If a hotel was earlier serving non-veg and switches to veg only during the Yatra for business reasons, the consumer should know. The choice is of the consumer… Customer is the king.'
Senior advocate Dr Abhishek Manu Singhvi, appearing for the petitioners, argued that the directives mandating QR codes and owner names promoted religious profiling in violation of constitutional rights.
'How does the surname of the owner ensure good service? The only intent is to cause religious profiling. This is the most divisive initiative, to ostracise people as if they are untouchables,' Singhvi submitted, citing media reports of attacks on shops due to such identity disclosures.
Senior advocate Huzefa Ahmadi also objected, illustrating that under the directive, even a neutral business name like 'Bombay Mart' would require adding the owner's personal name, thereby exposing religious identity. 'This promotes untouchability through the back door,' he warned.
Justice Sundresh, however, maintained that while personally agnostic, he recognised that food choices matter deeply to many pilgrims.
He added, quoting Marx in passing, 'Religion is the opium of the masses,' and clarified that the bench was seeking a balance between consumers' rights to know and avoiding discrimination.
Senior advocate Mukul Rohatgi, for Uttar Pradesh, defended the directives as compliance with FSSAI regulations, arguing that last year's Supreme Court order was only ad-interim and that misrepresentation by eateries regarding vegetarian food had previously triggered law-and-order issues.
'As per regulations under the Act, they require photo identity. Why are you scared of showing your name?' he asked.
The bench refused to entertain further arguments, noting that the petitions had become infructuous with the Yatra's conclusion, and advised petitioners to approach the High Court if they sought further clarification.
'We have said that we are not going into it. If you want to challenge it, go before the High Court,' Justice Sundresh said.
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