Kerala High Court Sets Aside Order To Raid Religious Places For Seizing Firecrackers But Upholds Restriction On Bursting Them At Odd Hours

The Kerala High Court on Tuesday partially quashed the Order of the Single Judge calling for the conduct of raids in all religious places by District Collectors, and taking into possession firecrackers alleged to be illegally stored therein, with the assistance of the Commissioners of Police. 

The Division Bench comprising Chief Justice A.J. Desai and Justice V.G. Arun, however added that the ban imposed by the Single Judge against the bursting of crackers at 'odd times' would be retained. 

The Court clarified that firecrackers could be burst between 6AM to 10 PM in accordance with the directions issued by the Apex Court in other cases in this regard, and that the District Administration could take a call on the bursting of crackers during odd hours on a case-to-case basis. 

The Single Judge Bench of Justice Amit Rawal had, on November 3, issued the impugned order calling upon all District Collectors in the State to conduct raids in all religious places and take into possession crackers illegally stored therein. Justice Rawal had further said that there was no commandment in any holy book to burst crackers to please God. 

In the present appeal, the State averred that the direction issued to the District Collectors to conduct raids is an omnibus direction which is not warranted by factual or legal circumstances. It added that the expression 'odd time' could also be interpreted according to individual perspectives. 

The State submitted that there are several religious festivals in the State wherein display of fireworks is an essential part of religions, which have been carried out since time immemmorial. 

It also averred that the decision of the Single Judge overlooks many binding precedents such as Forum, Prevention of Environmental and Sound Pollution v. Union of India & Anr., wherein the Apex Court had ordered a complete ban on bursting sound-emitting crackers between 10PM and 6AM, and proceeded to hold that it was not necessary to impose restrictions on bursting of light-emitting crackers.  The said decision had also highlighted that restrictions imposed could be relaxed during festivals and ceremonies where large number of people gather, subject to the directions in the judgment, and those issued by the appropriate authorities. 

Following the said decision, the Apex Court had also permitted the bursting of firecrackers during the conduct of Thrissur Pooram, finding the same to be an integral part of the celebration of the festival. 

The State thus averred that the impugned decision of the Single Judge denudes the power of the statutory authorities to regulate, restrict, relax, or otherwise deal with the use of firecrackers in temples, thereby seeking the same to be set aside. 

The appeal has been moved through Senior Government Pleader V. Manu, Standing Counsel of Maradu Municipality T.R. Rajan, Standing Counsel of Kerala State Pollution Control Board T. Naveen, and Advocates R. Suraj Kumar, Asha Babu, E.U. Dhanya, C.S. Manu, and R. Suraj Kumar. 

Citation: 2023 LiveLaw (Ker) 636

Case Title: State of Kerala & Ors. v. Binoj K.B. & Ors. 

Case Number: WA 1935 OF 2023