New Delhi, Jan 5 (Reporter) The Supreme Court on Friday issued notice to the Chief Secretary and Commissioner of food and safety, Uttar Pradesh on a writ petition challenging the ban imposed on Halal-certified products in the state. However, the Apex Court refused to pass any interim order that no coercive action can be taken under the notification. A bench comprising Justice B R Gavai and Justice Sandeep Mehta asked the petitioners why they had directly approached the Supreme Court under Article 32, whereas they could have approached the High Court. To this senior advocate Raju Ramachandran appearing for the petitioners said, this case has a pan-India effect. There is an immediate effect on interstate trade and industry and on the consumer, which will have a pan-India effect. He also said that similar demands for the ban are being raised in other states. Article 32 of the Constitution (Right to Constitutional Remedies): It is a fundamental right, which states that individuals have the right to approach the Supreme Court seeking enforcement of other fundamental rights recognized by the Constitution. The petition has been filed by Advocate on Record Mr. Ejaz Maqbool on behalf of petitioners Tamil Nadu-based company Halal India Private Limited through its managing director Mohamed Jinna and director Mujakkirullch. Senior Advocate Raju Ramachandran appearing for the petitioners said, it affects a community across the country and therefore has national implications. The Court then issued notice to the chief secretary and commissioner of food and safety, Uttar Pradesh, and asked them to file their response in two weeks. However, the court refused to pass any order on the coercive action to be taken for violation of the orders under the notification. The Court declined to pass any order, stating that it would be considered afterwards. Last year in November, the State of Uttar Pradesh banned the production, storage, distribution, and sale of halal-certified products in the state, however, exempted exports from the embargo. Halal certification is a guarantee that the product is permissible by Islamic law and is unadulterated, meaning no Haram product is used. The Additional Chief Secretary, of Food Safety and Drug Administration (FSDA), Uttar Pradesh, had issued a notice to be complied with immediate effect. The notification in Hindi issued on November 18, 2023, read, “… in compliance with Section 30(2)(d) of the Food Safety and Standards Act, in the exercise of the authority vested in Section 30(2)(a) of the said Act, given 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 that check the related standards as per the provisions given in the Act and thus, Halal certification of food products is a parallel system that 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 based on which the quality of food items is ensured. The said Act and the regulations propounded under it have a 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”, The notification further states- That Section 89 says that the provisions of the Act will have an effect on anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by any law other than the Act. In India, the halal certificate is issued by private bodies unlike in Muslim-majority countries...////...