13 Nov 2020 6:26 AM GMT
An appeal has been filed before the Supreme Court challenging the 12thNovember order of the Telangana High Court whereby the State of Telangana was directed to immediately ban the sale and use of fireworks by people and organisations during Diwali. Filed by an Association comprising of manufacturers and dealers of firecrackers, The Telangana Fire Works Dealers Association, the plea...
An appeal has been filed before the Supreme Court challenging the 12thNovember order of the Telangana High Court whereby the State of Telangana was directed to immediately ban the sale and use of fireworks by people and organisations during Diwali.
Filed by an Association comprising of manufacturers and dealers of firecrackers, The Telangana Fire Works Dealers Association, the plea submits that the Petitioners are seriously affected by the High Court order as despite the Petitioner-Association being a proper and necessary party, the order was passed without making them party to the proceedings and without considering the impact of the order on livelihood of its members. It has further been submitted that the order was passed without providing an opportunity to the Association to represent itself, which is a clear violation of principles of natural justice. The plea goes on to aver that the timing of the order, being the eve of Deepavali, has the potential to lead to immense financial hardship to the members of the Petitioner-Association. "The business of firecrackers is a seasonal business for which heavy investments have been made by the members of the Petitioner Association and a ban on the sale and use of the same that too on such short notice would lead to immense hardships for the members of the Association. The said ban is also violative of the Fundamental Rights under Article 19 and 21 of the members of the Petitioners herein", the plea notes. Cases such as Arjun Gopal and Ors v. Union of India have been referred to, in order to drive home the point that the High Court has previously laid down norms pertaining to the use and manufacture of green firecrackers in a controlled manner. It was also observed by the Court that "a complete ban would not serve the interest of justice". Averring that the impugned order was rendered without taking into consideration the pendency of proceedings in Arjun Gopal wherein directions were given from time to time keeping in view the Air Quality Index and other factors, the plea prays for an ex-parte ad-interim stay on the operation and effect of the impugned order. Furthermore, raising questions such as whether the impugned order was passed without paying heed to the violation of fundamental rights and principles of natural justice as well as the adverse impact on members of the Petitioner-Association, the petition seeks for an urgent early hearing. On 12th November, the High Court for State of Telangana at Hyderabad ordered the State Government to ban the sale and bursting of crackers in the State, and directed them to give wide publicity to the ban. Despite being informed that the NGT guidelines were being followed by the State, the Court observed that the use of firecrackers might contribute to the spread of COVID-19. The Petitioner-Association is being represented by Advocate-on-Record Somanadri Goud Khatam, and Advocates Pranav Diesh, Mohammad Ibrahim and CH Jayakrishna.
On Wednesday, the Supreme Court had refused to interfere with a similar order passed by the Calcutta High Court banning fireworks during Diwali, Kali Puja, Durga Puja celebrations in West Bengal.
A bench headed by Justice DY Chandrachud observed that preservation of life was more important during the pandemic than the celebration of festivals.
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