The Calcutta High Court ordered a complete ban on all kinds of firecrackers throughout the state of West Bengal during Diwali/Kali Puja. According to reports, the ban on firecrackers would also apply for all other upcoming festivities in the state including Guru Nanak Jayanti, Christmas and New Year’s celebrations.

Earlier the state government had allowed green crackers for the upcoming celebrations but the court noted, “Keeping in mind the practical realities, we find that there is no mechanism in place to ascertain whether the crackers being sold/burst are only green crackers in compliance with the norms set in place by the relevant certifying body”.

The order further added, “That apart it would be an impossible task by police and law enforcement bodies to inspect classification of firecrackers under which they are sold…Laying the window open for green crackers to be used would positively entail abundant abuse”.

On the other hand, advocate Srijib Chakraborty  appearing for an association of firecracker manufacturers argued before the Court that the  Supreme Court  in November 2020 had set aside an order of the  Telangana High Court  imposing a complete ban on sale and use of firecrackers and had further permitted the use of green crackers. He thus prayed before the Court to permit the use of only 'green crackers' as authorized by the certifying authority  NEERI  (National Environmental Engineering Research Institute). 

To this, the Bench remarked,

"Is it possible to test firecrackers? Can you put a mechanism in place before 4th November? We can't kill people by following judgments blindly".

The Bench further acknowledged that manufacturers of green crackers who have invested huge amount of resources would be left in the lurch at the eleventh hour. However, it recorded in its order that keeping in view the larger interest of the citizens of the State, the smaller interest of the firecracker manufacturers and all concerned with such business might be overlooked.

Taking note of the difficulties in ascertaining whether only "green crackers" as permitted by the Supreme Court are being used, the Court observed, Keeping in view the practical realities, we find nothing to establish that there is any mechanism in place at present to ascertain whether the crackers being sold or burst/lighted are only green crackers, complying with the norms as set in place by the relevant certifying Body.

The Court also observed that it would be an impossible task by police and law enforcement bodies to inspect firecrackers and the classification under which they are sold.

"It would be an impossible task for the police and/or law enforcement agencies to ascertain the veracity of the certificates of the crackers which are being used by the general public at the time of these festivals, irrespective of the classification under which they are sold. Leaving the window open for green crackers to be used, would positively entail abundant abuse of such window and there is no mechanism in place, as mentioned earlier, to screen such abuse at this juncture, when the festive season is on the anvil", the Court opined.

The Bench further observed that allowing the use of firecrackers even in places having a 'moderate' Air Quality Index (AQI)  can cause severe difficulties for people suffering from respiratory problems.

"Keeping in mind the present pandemic situation, which is getting marginally worse by the day and in view of the fact that even 'moderate' Air Quality Index (AQI) can cause severe difficulties for people suffering from respiratory problems and long exposure thereof may also affect otherwise healthy people, we are not convinced that firecrackers of any form, either green or of any other category, ought to be permitted to be used during the coming festive season", the order stated further.

Notably, a PIL ( Public Interest Litigation) was filed by a so-called social worker and ‘environmental activist’ Roshni Ali in the Calcutta High Court, seeking a complete ban on firecrackers due to the existing pandemic situation.

According to reports, the petitioner also cited the 2020 order that had banned firecrackers and stated that Covid situation would worsen in the state if crackers were not banned.

Division bench including Justices Sabyasachi Bhattacharya and Aniruddha Roy passed the order noting the difficulties in establishing that only green crackers as permitted by the Supreme Court are burnt.

References:

eastmojo.com - Press Trust of India
livelaw.in - Aaratrika Bhaumik
opindia.com - OpIndia Staff