Kanwar Yatra row: SC extends stay on UP govt order, says can't force anyone

The Supreme Court bench refused to issue any clarification on the July 22 stay order saying 'we have said what needed to be said in our previous order'

The Supreme Court on Friday (July 26) extended its previous order staying the directives mandating eateries along the Kanwar Yatra route to display the names and identities of owners. The directives were issued by Uttar Pradesh, Uttarakhand, and Madhya Pradesh governments.

The SC Bench -- comprising Justices Hrishikesh Roy and SVN Bhatti -- refused to issue any clarification on the July 22 order saying, “we have said what needed to be said in our July 22 order. Can't force anyone to disclose names”.

The apex court gave Uttarakhand and Madhya Pradesh additional time to file their responses and scheduled the next hearing in two weeks.

Earlier in the day, the Uttar Pradesh government defended its controversial Kanwar Yatra order in the top court, stating that the directive was issued to ensure a peaceful and orderly pilgrimage.

In a detailed submission to the Supreme Court, the UP government stated that the order was issued after multiple complaints were received from Kanwariyas regarding confusion caused by the names of shops and eateries.

Kanwar Yatra order: UP govt’s response

Defending the order, the UP government, according to a Live Law report, said, “Even small confusions regarding the kind of food Kanwariyas are served have the potential to hurt their religious sentiments and cause flare-ups, especially in a communally sensitive area like Muzaffarnagar.”

It added, “Past incidents have shown that misunderstandings regarding the type of food being sold have led to tensions and disturbances. The directives are a proactive measure to avoid such situations.”

The UP government’s submission also noted that the yatra is an arduous journey “where some Kanwariyas, that is, the Dak Kanwariyas, do not even stop to rest once the Kanwar is on their shoulders”. It went on to add, “There are sacred features of the pilgrimage, such as the fact that the Kanwar, once filled with holy Gangajal, is not to be kept on the ground; nor under the shadow of the gular tree. It may also be noted that a Kanwaria embarks on the yatra after years of preparation.”

Earlier, the Supreme Court, in its order staying the UP government directive, had said, “We deem it appropriate to pass an interim order prohibiting the enforcement of the impugned directives. In other words, food sellers (including dhaba owners, restaurants, food and vegetable sellers, hawkers, etc.) may be required to display the kind of food that they are serving to the Kanwariyas. But they must not be forced to display the name/ identity of the owners and the employees.”

The Kanwar Yatra is an annual pilgrimage where devotees of Lord Shiva, known as Kanwariyas, travel (primarily on foot) to fetch holy water from the Ganges River. This year, the yatra began on 22 July, the first Monday of the ‘Sawan’ month, with devotees across the nation starting their pilgrimage.