'Firecrackers Burst Till Wee Hours': Karnataka High Court Flags Violation Of Prescribed Timings During Festivals, Seeks State's Response
The Karnataka High Court on Thursday expressed concern over firecrackers being burst late into the night during festivals, in violation of prescribed timings, and directed the State Government to place on record within three weeks the steps taken to implement the Supreme Court's guidelines regulating the sale and use of firecrackers.
A division bench of Justice Anu Sivaraman and Justice K.S. Bharat Kumar observed that the prescribed timing of 8 PM to 10 PM for bursting firecrackers was not being strictly followed during festivals.
“Bursting of firecrackers goes on till wee hours, after 9.30 pm only it starts. Some timings for bursting crackers have to be maintained,” the bench orally remarked.
The Court was hearing a public interest litigation filed by Vinod Jacob seeking strict enforcement of the directions issued by the Supreme Court in Arjun Gopal v. Union of India, concerning the use of green firecrackers and restrictions on the time and place for bursting them.
The Supreme Court had permitted the use of green firecrackers during a specified two-hour window on Diwali and issued directions regulating the use of firecrackers during other festivals.
The petitioner has sought directions to the State authorities to strictly implement these guidelines, including enforcing restrictions on bursting firecrackers on public roads, pedestrian pathways, traffic intersections and in silence zones.
The plea also seeks identification, notification and monitoring of designated community grounds where permissible fireworks may be used, besides ensuring that only green firecrackers are sold.
Further, the petitioner has sought the formation of flying squads and deployment of enforcement personnel in each ward, particularly during festival seasons, to prevent violations.
Appearing for the petitioner, Advocate Alwyn Sebastian submitted that although the petition was filed before Diwali, violations of the Supreme Court's directions were not confined to that festival.
“We have noticed this happening during Ganesh Festival, during Dasara and even during Indian Premier League (IPL) game celebrations,” he submitted.
Sebastian further informed the Court that the Karnataka State Pollution Control Board had issued circulars directing strict compliance with the Supreme Court's guidelines. However, he alleged that firecrackers continued to be burst on public roads, near hospitals and in silence zones.
He also submitted that non-green firecrackers remained easily available in local markets, particularly because they were cheaper than green firecrackers.
Taking note of the submissions, the bench reiterated the need to regulate the timing of firecracker use.
“Some timing has to be maintained,” the Court orally observed and issued notice to the State and the Karnataka State Pollution Control Board.
The matter has been posted for further hearing on December 9.