5 Jan 2024 6:54 AM GMT
The Supreme Court on Friday (January 5) issued notice in two pleas challenging the Uttar Pradesh government's ban on the manufacture, sale, storage and distribution of halal-certified products.
A bench of Justices BR Gavai and Sandeep Mehta was hearing the writ petitions filed under Article 32 of the Constitution by Halal India Private Limited and Jamiat Ulama-e-Maharashtra challenging the ban imposed by the Uttar Pradesh Government on the "manufacture, sale, storage, and distribution of halal-certified products." The ban, implemented on November 18, sparked controversy and prompted police raids on malls across the state to seize halal products. The petitioners contend that the ban violates citizens' fundamental rights and undermines established certification processes, arguing that it is a misconceived action causing chaos for retailers and affecting legitimate trade practices.
"Why should we entertain it under Article 32? Does the high court not have jurisdiction to examine this?" Justice Gavai asked Senior Advocate Siddharth Agarwal, representing Halal India, at the outset of the hearing today. In response, the senior counsel cited the 'pan-India ramifications' of the halal ban and its impact on inter-state trade and commerce.
"If a particular order or instrument is stayed by the high court, that stay will be applicable throughout the country. In that, the high court's decision will also have pan-India effect. Inter-state trade and commerce can also be examined by the high court," Justice Gavai countered, "Why should we entertain all such petitions under Article 32?"
The senior counsel explained that entities carrying out the exercise that has now been proscribed by the government since 2009 have been exposed to criminal liability as a result of this notification. Not only this, other states like Karnataka and Bihar have started entertaining representations made by political figures urging a similar ban to be imposed in those states. He added -
Senior Advocate Raju Ramachandran, representing Jamiat Ulama-e-Maharashtra, echoed Agarwal's submissions, arguing that Uttar Pradesh's ban has national implications and affects the freedom of religion.
Although initially reluctant to entertain the pleas under Article 32, the bench ultimate decided to issue notice. Justice Gavai pronounced, "Issue notice. Returnable in two weeks. Dasti permitted."
However, it refused to issue a stay on coercive steps under the impugned government notification, with the bench assuring that such a prayer will be considered afterwards.
Background
On November 18, the Food Security and Drug Administration of the Uttar Pradesh Government banned the “manufacture, sale, storage and distribution of halal-certified products with immediate effect”, with the government reportedly justifying its decision by citing a complaint filed in Lucknow by a Bharatiya Janata Party (BJP) youth wing representative, accusing halal certifying bodies of issuing 'forged' certificates to boost sales among Muslims. Crucially, the ban applies solely to sales, manufacture, and storage within Uttar Pradesh and does not extend to export products. The notification reads -
"In compliance with Section 30(2)(d) of the Food Safety and Standards Act, in exercise of the authority vested in Section 30(2)(a) of the said Act, in view of public health, food with Halal certification is being banned within the limits of Uttar Pradesh. A ban is imposed with immediate effect on the manufacture, storage, distribution and sale of products (except food produced for export to the exporter.”
Responding to the outcry and potential disruptions caused by the ban, the state government later granted a 15-day grace period for retailers to withdraw halal-certified products from their shelves. Additionally, the government directed 92 state-based manufacturers receiving halal certification from non-certified organisations to recall and repackage their products.
Halal certificates, indicating that a product is permissible for consumption by followers of Islam, are issued by recognized bodies such as the Jamiat Ulama-i-Hind's Halal Unit and the Halal Shariat Islamic Law Board. These bodies, accredited by the National Accreditation Board for Certification Bodies, have strongly criticised the government's decision. Not only this, the government's move has also led to a constitutional challenge before the Supreme Court by Halal India Private Limited and Jamiat Ulama-e-Maharashtra. This petitioners, in their writ petition, have sought legal intervention from the top court, citing the ban's unconstitutionality and its adverse consequences on trade practices, besides arguing that it infringes upon the fundamental right to choose food based on religious beliefs.
Case Details
Halal India Private Limited & Anr. v. State of Uttar Pradesh & Anr. | Writ Petition (Criminal) No. 690 of 2023