'We Cannot Allow People To Suffer And Die. There Are Children, People Suffering From Asthma' : Supreme Court To Firecracker Manufacturers

The Supreme Court on Wednesday admonished top six firecracker manufacturers in the country for the use of barium salts in fireworks in 'flagrant violation' of the Court's earlier orders. The Court was hearing an application alleging violation of the order dated February 10, 2017 banning the use of certain chemicals that were dangerous & beyond safety limits in the fireworks by the manufacturers.

A Bench comprising Justices MR Shah and AS Bopanna on Wednesday took on record the preliminary inquiry report submitted by the Joint Director, Central Bureau of Investigation (CBI) at Chennai pursuant to the Court's earlier directions vide order dated March 3, 2020.

"Considering the report submitted by the CBI, it prima facie appears that the Court's earlier orders on use of barium/barium salts as well as orders passed by the Court on labelling of fireworks have been violated", the Court recorded in its order.

However, the Bench opined that 'one more opportunity' is being given to the respondent manufacturers to put forward their case. Accordingly, ASG Aishwarya Bhati appearing for the Ministry of Environment, Forests and Climate Change (MoEF) was directed to serve a copy of the preliminary inquiry report of the CBI by tomorrow to all the concerned counsels of the respondent manufacturers as well as senior advocate Gopal Sankaranarayan appearing for the petitioner.

The Court also granted leave to the concerned manufactures against whom allegations had been made to file a counter-affidavit before the next date of hearing. The matter is slated to be heard next on October 6.

During the hearing, Additional Solicitor General Aishwarya Bhati submitted before the Court that the Ministry had compiled various research reports and suggested mechanisms to ensure future compliance of the Court's earlier orders with respect to the regulation of firecrackers. Accordingly, the Court's leave was sought to submit an affidavit in this regard. 

Justice Shah pointed out that directions for green-crackers have not been implemented and added that the bench was not passing any fresh orders but was only seeking compliance of the previous orders.

"We have to take a balanced view looking at the country because everyday there is a celebration. We have to see other factors also, we cannot allow people to suffer and die. There are people suffering from asthma and other diseases.. children are also suffering", Justice Shah orally remarked. 

"Let us hear the case on Oct 6. we have also come to know that even stubble burning contributes to it", the judge said before adjourning the matter to October 6.

Case Title: Arjun Gopal & Ors v. Union of India & Ors| Writ Petition(s)(Civil) No(s). 728/2015

Also Read: Firecrackers Regulation- CBI Report Shows Manufacturers Used Banned Chemicals; Serious Issue : Supreme Court

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