Supreme Court sets aside Calcutta HC’s order of blanket ban on firecrackers in West Bengal

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Updated: November 01, 2021 5:08 PM

The Supreme Court set aside a recent order of the Calcutta High Court imposing a complete ban on use of firecrackers in West Bengal during upcoming festivities.

Even the UP government had agreed to the appointment of the retired judge.Even the UP government had agreed to the appointment of the retired judge.

The Supreme Court on Monday set aside a recent order of the Calcutta High Court imposing a complete ban on use of firecrackers in West Bengal during upcoming festivities of Kali Puja, Diwali, Chatt Puja, Jagadhatri Puja, Guru Nanak’s Birthday, Christmas Eve and New Year’s Eve this year. The top court remarked that it never ordered a blanket ban on firecrackers, adding that green firecrackers were allowed.

“There cannot be complete ban on firecrackers. Strengthen mechanism to supervise and implement (Supreme Court’s earlier directions),” Bar and Bench quoted the court as saying.

A vacation bench comprising Justices AM Khanwilkar and Ajay Rastogi was hearing a petition filed by firecracker manufacturers against the order passed by the Calcutta High Court imposing a total ban of use of firecrackers in West Bengal.

The plea claimed that the October 29 order passed by the High Court was “patently erroneous” in holding a complete ban on firecrackers within West Bengal when the apex court has allowed the use of green firecrackers in permissible limit across all states.

“The high court failed to appreciate that green crackers with reduced emission by a minimum of 30 percent have been introduced in the local market. These are environment friendly,” said the plea filed by the chairman of a West Bengal-based firecracker association and another such group.

The High Court had directed the 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.

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, fireworks which contain Barium salts are prohibited.

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