The Supreme Court of India.
Credit: PTI File Photo
New Delhi: The Supreme Court on Tuesday sought a response from Uttar Pradesh and Uttarakhand governments on a plea challenging the directive for shop owners to display QR code, along with their identity in their establishments on the route to Kanwar Yatra, which began on July 11.
A bench of Justices M M Sundresh and N Kotiswar Singh issued notice to both the states on an application filed by Delhi University professor Apoorvanand Jha and others.
Senior advocates Chander Uday Singh, Huzefa Hamadi and Shadan Farasat appeared for the applicants. Uttarakhand government was represented by Deputy Advocate General Jatinder Kumar Shethi.
The court fixed the matter for consideration on Tuesday, July 22.
The applicants were aggrieved with the fresh directive issued by the Uttar Pradesh and Uttarakhand governments to shopkeepers along the Kanwar Yatra route to display QR codes for accessing owner details.
The application filed by Prof Apoorvanand Jha contended that the direction was contrary to the Supreme Court's order of 2024 which held that the sellers on the Kanwar Yatra route can’t be forced to disclose their identities.
It stated that the direction to display names of owners as well as of employees, at a prominent place outside the shop, dhaba or restaurant, as being violative of Articles 14, 15, 17, 19 and 21 of the Constitution.
The plea contended that these steps effectively served the same unconstitutional end through digital means, in wilful disobedience of the top court's directions.
The applicants sought immediate withdrawal and compliance of the top court's earlier orders, which stated that the directive to reveal religious, caste identities couched under the garb of "lawful license requirements" is a breach of privacy rights.
They sought a direction to the States of UP, Uttarakhand to immediately withdraw all QR code-based identification mandates or any other mechanisms that result in disclosure of owner identity or religious profiling of vendors.
It sought that further actions taken pursuant to (whether oral, written or digital, including via QR codes) facilitating public disclosure of ownership/employee identity of food vendors along Kanwar Yatra routes in the States of Uttar Pradesh and Uttarakhand, pending final adjudication of the present writ petition.
The plea also sought a direction to the states to file affidavits explaining how current mandates do not violate this court's earlier stay or constitutional rights.
The top court should direct that calls for compliance of licensing requirements should be restricted and not include broad and vague directives to display name and identity, it said.
Kanwar Yatra 2025 would continue till August 09, 2025.