The Supreme Court today(November 6) refused to stay the Gujarat High Court's recent order upholding the ban on non-vegetarian food within 500 meters of the Somnath temple in Gujarat. The Court has, however, requested the High Court to dispose of the pending appeals preferably within 2 months.

The ban was imposed through a notification by the District Magistrate of Gir Somnath on August 10, under Section 33(1)(w)(ii) and Section 33(6) of the Gujarat Police Act, 1951, on the preparation, sale, and storage of non-vegetarian food as well as eggs on the route and areas specified at Prabhas Patan, Taluka, Veraval. The ban was imposed on all areas within 500 meters of the temple.

This was challenged by the eateries(including the present petitioner), arguing that they have been carrying on lawful business of running vegetarian and non-vegetarian hotels and restaurants for the last 35-40 years.

On October 30, the single judge quashed the District Magistrate's August 10 notification and held it to be ultra vires of Article 19(1)(g) for violating the fundamental right to carry out trade.

However, on the same day, a division bench of the High Court stayed the single judge's order and as an interim measure, directed that the August 10 notification shall remain in force until the matter is heard. Acting Chief Justice Manash Ranjan Pathak and Justice Nirzar S Desai had passed the order, stating that since many devotees are likely to visit in Deepavali and the Gujarati New Year, the ban shall remain in force.

Against this, the eateries appealed before the Supreme Court and the matter came up before a bench comprising Justice MM Sundresh and Justice PB Varale. Senior Advocate Huzefa Ahmadi(for the petitioner) argued that the single bench rightly held that there is no power to impose a permanent ban under the Gujarat Police Act. He stated that permanent bans are something which is very strange. "You can't force people to eat or not to eat. Dietary habits can't be regulated by law."

Justice Sundresh asked what the urgency is for an interim relief, to which Ahmadi submitted that it's Diwali time for the restaurant owners and their business will suffer during the festive season. He said: "This is during Diwali, this is bread and butter and [you] are killing an enterprise. Mylords can stay, I have been operating for 40 years! If someone is eating non-vegetarian food within closed precincts, what is wrong?"

Solicitor General Tushar Mehta, for the State of Gujarat, supported the ban, stating "you can serve [non-veg] outside." Considering the brief arguments, the Court ordered that the High Court should make an endeavour to decide the appeal within 2 months. Before concluding the hearing, Justice Sundresh orally stated that probably a balanced approach needs to be taken in this case. "Probably, [they] need to take a middle path, neither here nor there. We don't want to say anything."