Make Public Aware What 'Green Crackers' Are : Karnataka High Court To State Govt

A division bench of Chief Justice Abhay Oka and Justice S Vishwajith Shetty said :

"State government has banned bursting of any crackers except green crackers and that permission is granted to burst crackers between 8 pm to 10 pm. However, orders do not record and specify what the meaning of green crackers. Prima facie it appears to us that order is ineffective as the state has not bothered to lay down what is the meaning of green crackers."

The bench gave the direction while hearing the petition filed Dr CA S Vishnu Bharath challenging the order of the government issued on November 6 and November 10 and seeking to ban bursting of firecrackers during the deepavali festival.

Advocate Narendra Babu B K relied on the Calcutta High Court order banning the sale and bursting of firecrackers during Diwali, Chatt Puja, Kali Puja, etc in the entire state of West Bengal. The order was recently affirmed by the Supreme Court.

The bench observed:

"If this matter would have appeared at least ten days before subject to hearing, we would have passed more drastic orders than other high courts."

It added "Petitioner is right in prima facie submitting that a stringent direction as done by Calcutta High Court by order dated November 5, deserves to be issued. However, it is now too late in the day for passing drastic direction taking into consideration the Precautionary Principle and Doctrine of Public Trust."

Noting that the drastic consequences of bursting crackers on the environment and human health are well known, which are highlighted in various orders of the Apex court. The bench said "State ought to have taken stringent steps as there is possibility that Air Pollution created by bursting of firecrackers, may create a situation which may lead to spread of Covid-19."

The bench also directed the state pollution control board to place on record on how they would be implementing the Noise pollution rules by measuring decibel levels in city and thickly populated areas.

The court will hear the matter on November 13.

In 2018, the Supreme Court had ordered that only 'green crackers' should be allowed to be sold in the country.