The Supreme Court on Monday said it is not possible to completely ban firecrackers, but measures should be taken to prevent the use of toxic chemicals in firecrackers.
This is the second time in the last few days that the court has acknowledged the impossibility of imposing a complete ban on firecrackers. On October 29, the apex court had clarified that there is no complete ban on the use of firecrackers.
“Only those firecrackers which are found to be injurious to health and affecting the health of citizens are banned,” the court had said in an order.
On Monday, a special bench of Justices AM Khanwilkar and Ajay Rastogi said orally that there cannot be a complete ban on firecrackers.
Read also: Supreme Court to hear plea against ban on crackers during Diwali, other festivals in West Bengal
The firecracker industry moved the apex court after the Calcutta HC “banned the sale, purchase, use, display or bursting of any type of firecrackers during the upcoming Kali Puja, Diwali celebrations as well as the following Chhath Puja, Jagadhatri Puja”. Guru Nanak’s birthday and/or Christmas/New Year’s Eve this year in the state of West Bengal”.
The apex court reiterated its advice in the context of its October 29 order, “strengthening the mechanism to prevent misuse”.
The special bench was setting aside the order of the Calcutta High Court that had ordered a complete ban on the use of firecrackers on October 29, coincidentally the same day the apex court had said such a measure was not justified.
The Bench said the High Court’s order was “extreme”. The HC should have listened to the industry, which employs thousands of workers, before passing any such order.
The top court asked whether the High Court has made any effort to verify whether any alternative mechanism exists for making green crackers available in the market.
On October 29, in a separate case, a Supreme Court bench headed by Justice MR Shah had declared that the chief secretary, top administrative and police officers would personally Will be responsible
A bench of Justices MR Shah and AS Bopanna had underlined, “Festival cannot be at the cost of health of others… No one can be allowed to play with the lives of others, especially senior citizens and children.” with.”
“Any lapse on the part of State Governments/State Agencies and Union Territories will be taken very seriously. If it is found that any banned firecrackers are manufactured, sold and used in a particular area, the Chief Secretary of the State, the Secretary (Home) of the State and the Commissioner of Police of the area, the Superintendent of Police of the district area and the police station The SHO/police officer in charge shall be personally liable,” the apex court had ordered on October 29.
The court had said that no one, however high, should be allowed to violate the directions of the Supreme Court.
“Any willful and willful disobedience must be viewed very seriously,” the Supreme Court insisted in the 19-page order.
The October 29 order came in a plea submitted by senior advocate Gopal Sankaranarayanan, which contended that the manufacturers were openly violating the court’s ban on the use of toxic chemicals such as barium salts in firecrackers. The court had allowed the use of ‘green’ or eco-friendly firecrackers made without toxic ingredients.
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