New Delhi, November 1
Maintaining that there can’t be a blanket ban on firecrackers, the Supreme Court on Monday set aside a Calcutta High Court order imposing a complete ban on the sale and use of crackers during Kali Puja, Diwali, and Chhath Puja in West Bengal.
A Vacation Bench of Justice AM Khanwilkar and Justice Ajay Rastogi quashed the “extreme order” passed by the Calcutta High Court, saying it was in departure from the orders passed by the Supreme Court. The Calcutta High Court should have called upon the parties to explain the issue before passing such an “extreme order”, it noted.
The top court pointed out that its own July 2021 and October 2021 orders banned the use of barium salts in firecrackers but allowed the manufacture, sale, and use of green crackers.
However, it gave liberty to the PIL petitioners or any other persons to move the high court again with adequate materials, including those related to ground realities and problems faced by authorities implementing the top court’s order.
Acting on two PILs highlighting the issue of pollution during the upcoming Diwali, Kali Puja, and other festivals, the Calcutta High Court had on Thursday ordered a total ban on the sale and use of firecrackers on Kali Puja to curb pollution amid the Covid-19 pandemic.
The high court had ordered a blanket ban on firecrackers on the ground that it was practically impossible for the executive to identify and take action against violators since there was no mechanism in place to distinguish between ‘crackers’ and ‘green crackers’.
Clarifying that its orders applied uniformly to all states, the top court said West Bengal can’t be an exception. Noting that it’s not a new issue and the top court and NGT have already put in place proper mechanisms to deal with the manufacture, sale, and use of green crackers, the Bench said, “All the states are following it. Only West Bengal has problems”.
As one of the advocates said even Orissa has imposed a total ban on firecrackers, it said, “Let someone challenge it. We will see”.
‘Poschim Bango Atosbazi Unnayan Samity’—an association of firecracker makers—has demanded compensation of Rs 2 lakh for each licensed fireworks dealer, numbering over 53,000, contending that the livelihood of around four lakh people in the state was at stake. A complete ban on fireworks will raise the possibility of illegal firecrackers flooding the market and flouting the existing noise cap of 90 decibels, it said.
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