New Delhi: The Supreme Court on Monday set aside the Calcutta High Court's order banning the sale, purchase and use of all firecrackers in the state during Kali Puja, Diwali celebrations and other festivities this year to curb air pollution amid the pandemic. The apex court observed that the High Court had passed the orders due to practical difficulties since there is no mechanism in place. The SC asked petitioners to approach the HC with relevant material for further proceedings. A special bench of justices AM Khanwilkar and Ajay Rastogi heard the matter at 3 pm.
"We will set aside this order, we will not retain this order," said J Khanwilkar. The SC reiterated the order passed on October 29, wherein it had expressed concern over the sale of nongreen firecrackers and crackers with fake QR codes. The apex court directed the West Bengal government to ensure that no banned materials like barium is imported. "Any product which is imported as firecracker should be verified there itself," said J Khanwilkar.
The SC in its previous order permitted the sale of green crackers, however, banned the sale and transportation of crackers with barium content. The SC said that its order will have to be followed uniformly by all the states and West Bengal cannot be an exception. There was no blanket ban on crackers but the Calcutta HC had ordered a complete ban citing "practical difficulties" and the absence of any mechanism in place to keep a check.
West Bengal government said before the court that the police are very active and vigil. The government also cited number of FIRs registered since 2018 in connection with firecrackers. Countering the "there is no mechanism in place" remark, the West Bengal government said it is incorrect and there are nakas, police is there to verify it. Pollution Control Board said that action will be taken if there is any inaction on the part of officials.
On October 29, the apex court had said celebration cannot be at the cost of others' health and clarified that while there is no total ban on the use of firecrackers, those containing Barium salts are prohibited.
Warning that top officials at various levels "shall be held personally liable" for any lapses, the apex court had said it is unfortunate that despite various directions issued by it there is a blatant violation going on.
The plea was filed by the chairman of a West Bengal-based firecracker association and another group claimed that the October 29 order passed by the Calcutta HC was patently erroneous in holding a complete ban on firecrackers within West Bengal when the apex court had allowed the use of green firecrackers in permissible limit across all states.
The High Court failed to appreciate green crackers with reduced emission by a minimum of 30 percent which was introduced in the local market, the plea stated, adding that they are environment friendly. The plea was filed by. The petitioners further said that they represent the interest of about seven lakh families involved in the process of manufacture and sale of fireworks.
The HC failed to appreciate that the firecrackers are manufactured under the supervision and guidance of the competent authorities of both the central and state governments and they are now engaged in manufacturing only green crackers which conform to permissible smoke and noise levels in terms of the directions of the apex court and the National Green Tribunal, the plea said, while seeking an ex-parte interim stay on the operation of the high court order.
It said if a blanket ban is imposed in this season on the sale and use of firecrackers in the state of West Bengal, the sellers and manufacturers will have to suffer irreparable losses which may lead to a complete shutdown of the firecracker industry.
In its order, the high court had said that the expression firecrackers will cover all types of sparklers as well as other similar materials, whether or not they are bursting or burning involves any sound or light generation.
"The state should ensure that there is no use or display or bursting of firecrackers of any type at all during Kali Puja, Diwali celebrations as well as Chhath Puja, Jagadhatri Puja, Guru Nanak's Birthday and Christmas and New Year's Eve celebrations this year," the high court had said, adding that only wax or oil-based diyas may be used. The HC had also directed police to maintain a strict vigil to ensure that there is no further sale or purchase of firecrackers and take appropriate measures against those found violating the order.
The petition in the high court had claimed that the bursting of firecrackers of all classes will severely endanger the right to life of the citizens of the state, particularly in view of the worsening pandemic situation, as it would increase air pollution. It had sought a re-imposition of the ban that the court had ordered before Diwali and Chhath in 2020.
Also read: SC, NGT orders don't permit sale of firecrackers in Delhi: HC
