Kanwar Yatra: Plea in Supreme Court against UP govt mandate for QR codes at eateries to reveal owner name

An application has been filed before the Supreme Court challenging the Uttar Pradesh government’s directive for QR codes to be put up at eateries along the route taken during the Kanwar Yatra, which could then be scanned to reveal the names of the shop owners [Apoorvanand Jha & Anr. v. Union of India & Ors.].

Such measures achieve the same discriminatory profiling that was previously stayed by the Supreme Court by an order passed in July last year, says the plea.

The Supreme Court had passed its stay order on a batch of petitions which raised concerns that the State's measures were aimed at revealing the religious identity of shop-owners of such establishments, and to enable discrimination against Muslim shop owners.

The application filed recently by Delhi University Professor Apoorvanand Jha and activist Aakar Patel recounts that the top court stayed such directives on July 22, 2024. This stay order was extended on July 26, 2024.

However, it is alleged that the Uttar Pradesh government and local authorities are now trying to circumvent the Supreme Court's stay orders by reintroducing similar directives in a modified form through mandatory QR codes at all eateries.

"(News reports) confirm that all eateries on the Kanwar route are required to display QR codes that allow 'customers to access ownership details.' These steps effectively serve the same unconstitutional end through digital means, in wilful disobedience of this Hon’ble Court’s directions," the plea states.

The applicants have urged the apex court to intervene by staying the implementation of what they term a “communal profiling” measure that targets shopkeepers from minority religious communities.

Citing press reports, the applicants allege that there is a pattern of coercion at play, with disturbing accounts such as shopkeepers being asked to “remove their pants” (to check if they have been circumcised) for identification verification and being forced to undergo Aadhaar checks.

The applicants submit that these actions, occurring amidst the ongoing 2025 Kanwar Yatra, not only undermine the Court’s prior stay but also threaten the fundamental rights and dignity of citizens.

It is further argued that the Uttar Pradesh government's directives blur the line between licensing requirements and an unlawful demand to display one's religious identity.

"That vague and overbroad directives deliberately mix up the licensing requirements with the other unlawful demand to display religious identity, and leave scope for violent enforcement of such a manifestly arbitrary demand both by vigilante groups and by authorities on the ground. There is grave and imminent risk of irreparable injury to the fundamental rights of affected vendors, particularly from minority communities, unless this Hon’ble Court issues immediate directions to restrain Respondents from continuing this indirect implementation," the application reads.

The application has been filed through advocate Akriti Chaubey. It is likely to be heard by a Bench comprising Justices MM Sundresh and NK Singh next week.