The Supreme Court on Friday issued notice on petitions challenging the Uttar Pradesh government's recent decision to ban the storage, distribution and sale of food products with Halal certification in the State.A bench of Justices BR Gavai and Sandeep Mehta initially suggested the petitioner to approach the High Court first."Why should we entertain under Article 32? (Argument that there are) Pan India ramifications etc. is fine.. but High Court can look into it," Justice Gavai said.In response, the counsel representing the petitioners submitted that the decision to ban such products has national ramifications and also affects religious practices."It exposes me to criminal liability and such demands are already being made in Karnataka and Bihar. It has to be seen whether such order can be issued and this order is not even under FSSA (Food Safety and Standards Act)," the counsel said.The counsel further contended that even inter-State trade and commerce is affected by the decision and that the Central government must take a stand in the case."The issue of public health is in question here. The immediate impact is on trade, commerce, consumers and religious feelings which is a pan India issue and that is why we are here," the counsel added.
Considering the submissions made, the Court eventually issued notice to the Uttar Pradesh government in the matter, returnable in two weeks and granted the petitioners liberty to serve the State's Standing Counsel.The Court was hearing petitions filed by Halal India Private Limited, Jamiat Ulama-E-Maharashtra and the Jamiat Ulama Halal Foundation (JUHF) Certification Private Limited seeking the quashing of a notification banning Halal products.The petitioners also prayed that a declaration be issued that the identification and consumption of Halal products is a protected activity for Muslims, being part of their religious and personal laws under Article 26 and 29 of the Constitution.It was contended that the ban is unconstitutional and violative of fundamental rights.Further, the petitioners also sought the quashing of criminal cases registered citing a violation of the ban.The petitions were filed through advocates Sugandha Anand and Ejaz Maqbool.
TAGS: Supreme Court Halal Certification Ban Uttar Pradesh
