The Supreme Court has today set aside the recent order of the Calcutta High Court banning the sale, purchase, use or display of firecrackers during the upcoming festivals like Diwali, Kali Puja, Chatth puja, Jagadhatri Puja, Guru Nanak’s Birthday, Christmas and New Year’s Eve.
A special vacation bench comprising Justices A.M. Khanwilkar and Ajay Rastogi said the High Court should have sought the authorities’ explanations on regulating the sale and allowing sale of only green crackers before passing the strict order. The bench said they are only reiterating the observations of the Apex Court’s October 29 order and asked the state government to ensure no banned material is imported.
The petition has been filed by Goutom Roy, the chairman of a firecracker association namely Sara Bangla Atasbazi Unnayan Samity. The petitioner submitted, “This is for the interest of about seven lakh persons and their families who are involved in the process of manufacture and selling of fireworks and are involved in the fireworks industry in one manner or another, including manufacturers, traders, employees, workers, retailers etc”.
A division bench comprising Justices Sabyasachi Bhattacharya and Aniruddha Roy of the Calcutta High Court had earlier ordered a complete ban on the usage and sale of all kinds of firecrackers including green crackers throughout the State of West Bengal during the upcoming festival season.
The petitioner before the High Court, Roshni Ali, said that the bursting of firecrackers would endanger the right to life of Indian citizens especially in light of the worsening pandemic. Attention was drawn to an earlier order of the coordinate bench of the Court banning use of all firecrackers and allowing only the use of wax or oil-based diyas.
It was also mentioned in the plea that the larger interest of citizens must be kept in view as opposed to the smaller interest of firecracker manufacturers and others concerned with such business.
Advocate-on-record Taruna Ardhendumauli Prasad appeared for a citizen who had also filed a challenge to the Calcutta HC order.