Gujarat High Court Quashes Ban On Non-Vegetarian Food Sales Near Somnath Temple, Rejects Govt's Stay Plea
· Free Press Journal
Ahmedabad: In a setback to the Gujarat government’s restrictions on non-vegetarian food sales near religious sites, the Gujarat High Court has quashed a notification imposing a ban in six areas of Somnath, bringing relief to six restaurant owners who challenged the move.
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A single-judge bench delivered the verdict on a petition filed by owners of six non-vegetarian restaurants, holding that the government notification could not stand. The state government immediately sought a seven-day stay to challenge the order but was refused. It subsequently requested a two-day stay, which the court also rejected, observing that the matter directly concerns the petitioners’ livelihood.
Government Seeks Urgent Appeal Hearing
The government counsel then approached the Chief Justice’s bench, seeking an urgent hearing before a division bench to challenge the single judge’s decision.
Restaurant Owners Challenge Food Sale Ban
The petition challenged an August government notification imposing a permanent ban on the sale and storage of non-vegetarian food within a 500-metre radius of the Somnath Temple and six other designated areas housing religious sites.
Advocate Asrar Mansuri, representing the restaurant owners, argued that the restrictions violated their fundamental right to carry on a trade or profession under Article 19(1)(g) of the Constitution.
The petitioners alleged that authorities had forced their establishments to shut down and subjected them to harassment. They maintained that the restrictions had severely affected their businesses and livelihoods.
Court Questions Undertakings From Restaurant Owners
The controversy intensified during the October 7 hearing when the petitioners alleged that the Mamlatdar had made them sign undertakings at a police outpost, promising to stop selling non-vegetarian food and deal exclusively in vegetarian items.
The High Court had questioned the government over why the undertakings were obtained on the very day the matter was being heard.
Government Defends Restrictions Citing Religious Sentiments
The state government had defended the restrictions, arguing that restaurants along the main route to Somnath Temple exposed pilgrims to non-vegetarian food, potentially hurting religious sentiments.