New Delhi, Nov 1: There cannot be a complete ban on firecrackers and the mechanism to stop their misuse has to be strengthened, the Supreme Court said on Monday setting aside the Calcutta High Court order banning firecrackers during Kali Puja, Diwali and other festivals this year to check air pollution amid pandemic.
A special bench of Justices A M Khanwilkar and Ajay Rastogi also asked the West Bengal government to explore the possibility to ensure at the entry point itself that the banned firecrackers and related items are not imported into the state. “There cannot be a complete ban on firecrackers. Strengthen the mechanism to supervise and see that misuse is stopped,” the bench observed, adding that this is not a new issue and it is the executive which has to take a call on the issue.
While setting aside the high court’s order, the Supreme Court also gave liberty to any party to approach the High Court with adequate materials. “For the time being we only reiterate the position recorded in the order of the Supreme Court on 29th October 2021. Additionally the State of West Bengal will explore the possibility of ensuring that no banned materials are imported. The mechanism may be strengthened,” the top court said.
Senior advocate Gopal Sankaranarayanan told the apex court that he appears for the petitioner Arjun Gopal in the ongoing case in the apex court on firecrackers. “I need to give your Lordships a background. We found that the manufacturers were constantly manufacturing non green crackers. The apex court records this and notices this in the recent order dated October 29,” he said.
“CBI had found that several kilograms of barium, which is a banned substance, was being used by the firecracker manufacturers… Implementing agencies lack the desire to implement the directions of the Supreme Court,” he quoted from the apex court order.
Senior advocate Anand Grover, appearing for West Bengal, said the state has been complying and enforcing the orders of the apex court, adding that there is an unreasonable apprehension of the high court on the issue of implementation.
The top court in its order said, “The state submits that officials are taking necessary steps to ensure that directions issued by this Court are complied with in letter and spirit. We set aside the impugned order and permit any person interested to approach the High Court by placing all relevant materials.”
“Additionally, West Bengal may explore the possibility of ensuring that no import of banned firecrackers or related items within the state at the entry point itself. That mechanism can be strengthened in addition to the strict supervision and verification at places where the trading of fire crackers occurs,” it said.
It said the high court proceeded to pass a blanket order by being influenced by practical realities and lack of mechanism placed by the state before the court as to how the sale/burst/ lighting of only green crackers which are duly certified can be allowed. (PTI)
