Supreme Court Sets Aside Calcutta HC's Total Ban Of Firecrackers In West Bengal; State To Ensure No Import Of Banned Firecrackers

The Supreme Court on Monday set aside the order of the Calcutta High Court which imposed a complete ban of use of firecrackers in the State of West Bengal."...we are convinced that Calcutta High Court should have called upon parties to give explanation before passing such an extreme order", the Court observed in the order. The Court observed that the High Court ought to have given opportunities to the authorities to place on record if any mechanism was in place to ensure that only "green crackers", as permitted by the Supreme Court, are being used.While setting aside the High Court's order, the Supreme Court also gave liberty to any party to approach the High Court with adequate materials."For the time being we only reiterate the position recorded in the order of the Supreme Court on 29th October 2021. Additionally the State of WB will explore the possibility of ensuing that no banned materials are imported. The mechanism may be strengthened", the Supreme Court added in the order. A Supreme Court vacation Bench comprising Justices AM Khanwilkar and Ajay Rastogi was hearing the challenge to the the order dated October 29, 2021 of the Calcutta High Court banning the use of firecrackers in West Bengal during upcoming festivities of Kali Puja, Diwali, Chatt Puja, Jagadhatri Puja, Guru Nanak's Birthday, Christmas Eve and New Year's Eve this year."There cannot be a complete ban of firecrackers. Strengthen the mechanism to stop misuse", orally observed the bench during the course of hearing.In the order, the Supreme Court noted that the High Court proceeded to impose by the blanket ban on being influenced by the lack of mechanism to ensure that only green crackers are being used. This aspect was never debated during the course of the arguments. Senior Advocate Anand Grover, appearing for the State of West Bengal, submitted that had the High Court given opportunity to the State, the authorities would have placed on record the details about the enforcement mechanism. The vacation bench further noted that the Supreme Court is considering the issue of firecrackers and has clarified in the order passed on October 29 that there is no complete ban on firecrackers.Court room exchangeSenior Advocate Siddharth Bhatnagar, appearing for the dealers challenging the HC order, submitted at the outset that despite the fact that there are 3 orders of SC regarding green crackers and 2 orders of the NGT, the Calcutta HC has banned green crackers. He referred to the order passed by the Supreme Court on July 23, 2020, which upheld a complete ban of firecrackers only in areas where the air quality is "poor". In other areas, the authorities may permit the use of green crackers, the Court had ordered, submitted Bhatnagar.He also referred to the latest order passed by the Supreme Court on October 29, which stated that there is no "total ban of firecrackers" and only those crackers which use the chemicals prohibited by the Court earlier are banned.He argued that despite the Supreme Court allowing the use of green crackers, the Calcutta High Court imposed a blanket ban.He also referred to last year's order of the Supreme Court which modified the blanket ban imposed by the Telangana High Court on firecrackers.Senior Advocate Malvika Trivedi, appearing for the Siliguri Firecrackers Association, reiterated the submissions made by Bhatnagar. She highlighted that the Supreme Court allowed the use of green crackers after taking note of the practical difficulties."What are the practical difficulties? It is for the executive to decide", Justice Ajay Rastogi observed."And the High Court has not defined which are the practical difficulties", Justice Khanwilkar added.Senior Advocate Gopal Shankaranarayan, who is representing the petitioner in the Arjun Gopal case (in which the order dated October 29 was passed), pointed out that in that order, the Supreme Court bench had taken note of the issue of banned crackers being sold under the false label of green crackers and fake QR codes. He also highlighted that there is a CBI preliminary enquiry report which shows that even banned chemicals are being used in firecrackers, and the other bench has observed that the authorities lack the will and desire to strictly enforce the orders of the Court. "In this background, the Calcutta High Court says, the State Government has not shown how they are going to implement. PESO has only cleared 4 firecrackers. The rockets, they are not cleared, but we find them everywhere. To me, the High Court's order appears to be reasonable restrictions, leaning in favour of protection of right to health, and is in line with the spirit of the Supreme Court order", Shankaranarayan added.Senior Advocate Anand Grover, appearing for the State of West Bengal, submitted that the High Court's order was influenced by an impression that there is no scheme devised to ensure that only green crackers are being sold. He asserted that there is a mechanism in place and added that the State...

Supreme Court Sets Aside Calcutta HC's Total Ban Of Firecrackers In West Bengal; State To Ensure No Import Of Banned Firecrackers

Aaratrika Bhaumik

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