Consumer Is King: Supreme Court Says While Closing Plea Challenging QR Codes Mandate For Eateries Along Kanwar Yatra Route
|The Court noted that the Kanwar Yatra was already coming to an end and, without delving into other issues, closed the plea while directing eateries to display licences as per statutory norms.
The Supreme Court on Monday closed a petition challenging the Uttar Pradesh government’s QR code mandate for eateries along the Kanwar Yatra route, and only directed that hotel owners comply with the statutory requirement of displaying their licence and registration certificate.
A Bench of Justice M.M. Sundresh and Justice N. Kotiswar Singh noted that the Yatra was nearing its end and directed that hotel owners shall comply only with existing statutory requirements. The Bench stated, “All the respective hotel owners shall comply with the mandate of displaying the licence and the registration certificate as per the statutory requirements.”
Senior Advocate Abhishek Manu Singhvi, appearing for one of the petitioners, submitted, “The issue is that there is an anonymity of the marketplace... it means that you can know the name of the establishment... It is patently contrary to the constitutional ethos.” He argued that the directive allowing public access to owners’ identities via QR codes was an ingenious way to do indirectly exactly the same thing that the Court prohibited directly.
Reading from the interim order that stayed similar directives, Singhvi said, “Now see this order that they have come out with this great QR code. Just look at this. My surname will ensure that the kanwariyas receive good quality food, not the menu card?” He submitted that the directive was a clear violation of Articles 14, 19(1)(g), and 21 of the Constitution, and that it was a direct assault on the Basic Structure Doctrine.
Senior Advocate Huzefa Ahmadi also appeared for the petitioners. He submitted, “There are two issues being conflated. One is regarding the food that is being served. The right to know what food is being served… I respectfully accept that during this period, that’s a reasonable restriction. But the name and identity of the owner and staff has got nothing to do with food.”
Justice Sundresh responded, “See, try and understand what we are saying. If non-vegetarian food is not being served in those hotels only during this month, that can be a thing for some people. But if it is being served all throughout the year, that may be a concern for many.”
Ahmadi said, “Both have to be balanced. The consumer’s choice cannot trump everything. One has a right to run business. Today, serving non-vegetarian food is not banned in this country.”
Justice Sundresh remarked, “That’s a wrong understanding of consumerism. Consumer is a king. He’s a king. We have seen now, if we don’t prioritise interest of the consumer, there is no point.”
Ahmadi added, “The name of the owner and the QR code need not be disclosed. It has no backing in the law. If religion has to be considered as a factor, then this is promoting untouchability via back door.”
For the State of Uttar Pradesh, Senior Advocate Mukul Rohatgi submitted, “I am only following a central law that is applicable to the entire country and not just for Kanwar Yatra. Last year, an ad interim order was passed without hearing us.”
When one counsel referred to Muslim-run establishments being targeted, Justice Sundresh said, “Please don’t embarrass us with this.”
The Court ordered, "...we are told that today is the last day of the Yatra. In any case it is likely to come to an end in the near future. Therefore at this stage, we would only pass an order that all the respective Hotel owners shall comply with the mandate of displaying the licence and the registration certificate as per the statutory requirements. We make it clear that we are not going into the other issues argued. The application is closed"
The Court on July 15, 2025, issued notice to the Uttar Pradesh government on a petition challenging its directive requiring all eateries along the Kanwar Yatra route to display QR codes revealing the names and identities of owners. A Bench of Justice M.M. Sundresh and Justice N. Kotiswar Singh posted the matter for hearing on July 22.
The petition, filed by academician Apoorvanand Jha and others, referred to a June 25, 2025, press release and said the directive effectively revives “the same discriminatory profiling” of eatery owners that was previously stayed by the Court. It was submitted that the new requirement violates the right to privacy by compelling disclosure of religious and caste identity under the guise of lawful licensing.
In 2024, the Court had stayed similar directives issued by Uttar Pradesh, Uttarakhand, and Madhya Pradesh mandating the display of names of owners and staff at eateries along the pilgrimage route. The petitioners now argue that the QR code policy is a disguised continuation of that directive and warrants urgent judicial scrutiny.
Cause Title: Apoorvanand Jha & Anr. v. Union of India & Ors. (W.P.(Crl.) No. 328/2024)