The application filed by Jha contended that the directive was contrary to the apex court’s 2024 order, which held that food vendors along the Kanwar Yatra route could not be compelled to disclose their identity.The plea sought directions to the governments of Uttar Pradesh and Uttarakhand to immediately withdraw the QR code-based identification mandate and any other mechanism that could lead to disclosure of the owner’s identity or result in religious profiling of vendors.“Direct the Respondents to file affidavits explaining how current mandates do not violate this Court’s earlier stay or constitutional rights. The Court should direct that compliance with licensing requirements be restricted solely to those requirements and not include broad directives to display names and identity,” the application said.Significantly, Kanwar Yatra 2025 is scheduled to take place from July 11 to August 9. Against this backdrop, the petitioners alleged that the States were circumventing the apex court’s earlier stay order by reintroducing the same directives under the pretext of public safety and law and order.The fresh directive mandates eateries to display QR codes that provide access to details about ownership. Citing media reports, Mr. Jha stated in his petition that the move effectively achieves the same unconstitutional objective through digital means, in wilful disobedience of the Court’s previous orders.“State actions impacting privacy and dignity must satisfy the tests of legitimate aim, suitability, necessity, and proportionality. The Respondents’ conduct fails all four, being neither authorised by statute nor necessary for the stated purpose, and wholly disproportionate in its discriminatory and stigmatizing effect,” the plea stated.Calling for immediate withdrawal of the directive, Mr. Jha submitted that mandating disclosure of religious or caste identity under the guise of lawful licence requirements constitutes a violation of the fundamental right to privacy.“There is grave and imminent risk of irreparable injury to the fundamental rights of affected vendors, particularly from minority communities, unless this Court issues immediate directions to restrain the Respondents from continuing this indirect implementation,” the plea said.
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