The Supreme Court on Friday, November 6, refused to stay the ban on the preparation, sale and storage of non-vegetarian food within 500 metres of the Somnath temple in Gujarat, leaving the restriction in force while the legal challenge continues.

Source: LiveLaw

A Bench of Justices MM Sundresh and PB Varale declined to interfere with the Gujarat High Court's interim order and requested the High Court to decide the pending appeals expeditiously, preferably within two months. The High Court is scheduled to hear the matter next on November 25.

Source: LiveLaw

This is the latest stage of the same dispute covered earlier, when a Gujarat High Court Division Bench restored the ban hours after a single judge had quashed the District Magistrate's August 10 notification on October 30. The eateries then appealed to the Supreme Court.

Source: Bar and Bench

The ban was imposed 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, covering specified routes and areas at Prabhas Patan in Veraval taluka, including all areas within 500 metres of the temple.

Source: LiveLaw

Restaurant owners, including Taj Restaurant owner Aakib Aminbhai Khan, told the court they have run their eateries for 35 to 40 years. Senior Advocate Huzefa Ahmadi argued that diet is a matter of personal choice and that the ban was killing enterprise.

Source: Bar and Bench

Responding to the arguments, the Bench said a balance has to be maintained at this interim stage. It also noted that a larger Bench's forthcoming judgment on Article 25, which deals with religious freedom, could have a bearing on the issue.

Source: Bar and Bench

The single judge had held on October 30 that the August 10 notification violated the fundamental right to carry on trade under Article 19(1)(g). The Division Bench stayed that ruling the same day, citing the expected rush of devotees during Deepavali and the Gujarati New Year.

Source: LiveLaw

A final decision on the validity of the August 10 notification will now come from the Gujarat High Court's Division Bench.