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Supreme Court reserves interim order on enforcing previous orders banning firecrackers

At the last hearing, the bench expressed strong displeasure at the Central and State Governments on the open sale of crackers and observed that governments cannot play with the rights and health of others.

The Supreme Court today reserved the interim order on how to enforce the previous orders regarding ban on firecrackers and restrictions on sale, manufacture and transportation of crackers and stated, “This case is not a normal case, it is a very serious situation that needs detailed study and we have to consider all the reports before passing any order!”

The Division Bench of Justices M.R. Shah and A.S. Bopanna have sought reply from firecracker manufacturers on a CBI enquiry report claiming manufacturers were using banned barium chemicals. “We are very, very serious about the conduct on the part of manufacturers, there is a CBI report against them and there is no reason for us to doubt the report of CBI.” 

Dushyant Dave replied, “But your lordship may not order any harsh directions against us without even allowing us to go into detail at this stage.” 

At the last hearing, the bench expressed strong displeasure at the Central and State Governments on the open sale of crackers and observed that governments cannot play with the rights and health of others.

The court could also look into the issue of ordering a CBI investigation into the allegations of “fake green crackers” being manufactured. The court said that what is the condition of implementing the order of the court in this country? Everybody knows. What message goes when the Supreme Court order is not implemented, the Bench said, observing they are sitting to protect the rights of the people.

Green crackers were allowed but crackers containing harmful chemicals are also available in the market. The Central and State agencies should strictly follow the order. They cannot play with the life values of citizens, the Court said. Justice Shah clarified that the order to ban firecrackers was given in the larger public interest. It should not be seen as such that the Court had banned firecrackers for a particular festival.

The matter will be next heard after Diwali vacation. 

Read order below

32461_2015_43_31_30982_Order_29-Oct-2021

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