Breaking: Supreme Court Issues Notice On Plea Challenging Ban On Sale Of Halal Certified Food In UP, Refuses To Stay Coercive Action Under Notification
|The Supreme Court today issued notice in a writ petition filed challenging the ban imposed on Halal-certified products in the State of Uttar Pradesh. However, the Court refused to pass any interim order that no coercive action be taken under the notification.
The Bench of Justice BR Gavai and Justice Sandeep Mehta asked at the outset, "Why should we entertain under 32?" Justice Gavai asked, "Doesn't the High Court have jurisdiction to consider it?"
"It has pan India effect", the Senior Advocate appearing for the petitioner Halal India Pvt. Ltd. responded.
Justice Gavai then said that if the High Court stays the notification, it will have an effect across the country.
The Senior Advocate then submitted that there is an immediate effect on interstate trade and industry and on the consumer, which will have a pan-India effect. He also submitted that similar demands for ban are being raised in other States.
Senior Advocate Raju Ramachandran then made submissions on behalf of the petitioner. He submitted that it affects a community across the country and therefore has national implication.
The Court then issued notice on the plea, returnable in two weeks. However, when a prayer was made to stay coercive action under the notification, the Court declined to pass any such order, stating that it would be considered afterwards.
Last year in November, the State of Uttar Pradesh banned production, storage, distribution and sale of halal-certified products in the state, however, exempted exports from the embargo.
It is pertinent to note that Halal certification is a guarantee that the product is permissible and is in accordance with the Islamic law and is unadulterated, meaning no haram product is used. In India, the halal certificate is issued by private bodies unlike in Muslim majority countries.
The Additional Chief Secretary, Food Safety and Drug Administration (FSDA), Uttar Pradesh, had issued a notice to be complied with immediate effect.
The notification in Hindi dated November 18, 2023, read, “… 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).”
The notification also says that it is only the statutory institutions which check the related standards as per the provisions given in the Act and thus, Halal certification of food products is a parallel system which creates confusion regarding the quality of food items and is completely against the basic intention of the said Act and is not tenable under Section 89 of the said Act.
“Under this, standards for food items have been determined on the basis of which the quality of food items is ensured. The said Act and the regulations propounded under it have preferential effect on all other legal provisions under Section 89. The authority to decide the quality of food items rests with the authorities given in Section 29 of the said Act”, further reads the notification.
Section 89 says that the provisions of the Act will have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than the Act.
Cause Title: Halal India Private Limited v. The State of Uttar Pradesh