The petitioners have stated that they represent the interests of about seven lakh families who are involved in the process of manufacturing and selling of firecrackers.
The Supreme Court is scheduled to hear a petition on Monday against a Calcutta High Court order banning the sale, purchase and use of all firecrackers in the state during Kali Puja, Diwali celebrations and some other festivities this year, so that To check air pollution amid COVID. 19 pandemic.
A special bench of Justices AM Khanwilkar and Ajay Rastogi will hear a plea that has claimed that the October 29 order passed by the High Court was “totally wrong” in imposing a complete ban on firecrackers within West Bengal, when the top The court had allowed the use. Number of green crackers within the permissible limit in all states.
“The High Court failed to appreciate that green crackers with at least 30 per cent low emissions have been introduced in the local market. These are environment-friendly,” said the petition filed by the president of West Bengal-based Firecracker Association and another such group.
The petitioners have submitted that they represent the interests of around seven lakh families who are involved in the process of manufacturing and selling of firecrackers and are involved in the fireworks industry in one way or another.
“The High Court has failed to appreciate that the firecracker manufacturers under the supervision and guidance of the competent authorities of both the Central and State Government are now engaged in manufacturing only green firecrackers which conform to the permissible smoke and noise levels as per the directions . Supreme Court and National Green Tribunal,” said the petition seeking a unilateral interim stay on the operation of the High Court order.
It said that if a complete ban on the sale and use of firecrackers is imposed in the state of West Bengal this season, the vendors and manufacturers will suffer irreparable losses, leading to “complete closure of the firecracker industry”.
In its order, the High Court had held that the expression “crackers” shall cover all types of sparklers as well as other similar materials, whether or not any sound or light is produced in their bursting or burning.
“The state should ensure that there is no use or display or bursting of firecrackers of any kind during Kali Puja, Diwali celebrations as well as Chhath Puja, Jagadhatri Puja, the birthday of Guru Nanak and Christmas and New Year’s Eve celebrations. Not there.” High Court had said.
It had said that only wax or oil based diyas can be used for occasions.
The High Court had directed the police to keep a strict vigil to ensure that there is no further sale or purchase of firecrackers and appropriate action be taken against those violating the order.
The petition in the High Court had claimed that bursting of crackers of all classes would pose a grave threat to the right to life of the citizens of the state, especially in view of the worsening pandemic situation, as it would lead to air pollution.
It had sought re-implementation of the ban that the court had ordered ahead of Diwali and Chhath in 2020.
On October 29, the top court had said that the celebration cannot take place at the cost of the health of others and clarified that while there is no absolute ban on the use of firecrackers, fireworks containing barium salt are prohibited.
While warning that top officials at various levels will be “personally held responsible” for any lapse, the apex court had said it was unfortunate that a clear violation was taking place despite various directions issued by it. Is.
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