Calcutta High Court Allows Sale And Import Of Only Green Firecrackers With QR Code In The State, Issues A Slew Of Directions

The Calcutta High Court has directed the State Pollution Control Board as well as the state police authorities to prevent the importation and sale of firecrackers other than green firecrackers bearing QR codes in any place in the State of West Bengal.

The bench of Justice Joymalya Bagchi and Justice Apurba Sinha Ray has also directed the State PCB and the State Government to undertake public awareness measures to spread awareness with regard to restrictions on the sale and bursting of crackers during the festive season and its beneficial impact on pollution and environment.

The authorities have been asked to issue advertisements in newspapers, make announcements on radio/ television/social media platforms, etc. to spread such awareness and to make the public aware of the penal consequences arising from the sale and bursting of banned crackers.

"We hope and trust that the festival of lights does not become a cause for concern where the demon of pollution poisons our air and leads to irreparable damage to the health of the population at large," the Court further remarked as it sought a report from the State government, as well as the State Pollution Control Board with regard to the steps taken by them for strict implementation of the Court's directions relating to sale and bursting of green crackers alone on the next date

The bench was essentially dealing with a Public Interest Litigation (PIL) plea seeking a total ban on the sale of firecrackers in the state on the ground that the pollution due to firecrackers has resulted in severe noise and air pollution in Calcutta and other parts of the state in previous years.

The petitioner further submitted that in the state, the directions given by the Apex Court in the case of Arjun Gopal & Ors. Vs. Union of India & Ors, related to the sale and bursting of green crackers only, have been flagrantly violated. It was also argued that no mechanism had been formulated either by the State of West Bengal or by the State Pollution Control Board for ensuring the sale and bursting of green crackers only. 

Having heard the plea and arguments of the counsels, the Court, at the outset, made it incumbent on the Pollution Control Board as well as the police authorities to ensure that there is no importation, sale, or bursting of crackers other than the green crackers bearing QR Code as specified in Goutam Roy and Another Vs. The State of West Bengal and Others LL 2021 SC 629 in the State of West Bengal.

Here it may be noted that last year, the Calcutta High Court had ordered a complete ban on the usage and sale of all kinds of firecrackers including green crackers throughout the State of West Bengal during the upcoming Diwali/Kali Puja festivities

However, this very order was challenged before the Apex Court and the top court had, in the Goutam Roy case (supra), set aside the order of the Calcutta High Court noting that it was convinced that the High Court should have called upon parties to give an explanation before passing such an extreme order. The Supreme Court had also 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.

Now, in view of that very order and in order to ensure the effective implementation of the directions of the Court in that order, the Court directed the Pollution Control Board and the State of West Bengal to take appropriate measures including the following:-

a) No firecrackers other than green crackers bearing QR Code would be sold in the Bazi-Bazar which is proposed to be held in Kolkata on and from 18.10.2022.

b) State Pollution Control Board as well as the Commissioner of Police, Kolkata shall deploy the appropriate number of personnel in the Bazi Bazar to ensure implementation of the aforesaid direction.

c) The representatives of the State Pollution Control Board and the police personnel shall be at liberty to inspect the firecrackers which are sold at Bazi Bazar and the police personnel shall seize any banned firecrackers which are offered for sale in the bazaar.

d) Representatives of PESO/NEERI shall also be present at the Bazi Bazar and assist the Pollution Control Board/ police personnel to determine whether the firecrackers which are offered for sale bearing the requisite QR Code;

e) Similar exercise shall be undertaken by Pollution Control Board and police authorities to prevent the importation and sale of firecrackers other than green firecrackers bearing QR Code in any place in the State of West Bengal;

f) All necessary steps shall be taken by the police authorities/PCB Officials to ensure only green crackers are burst during the festive season strictly in compliance with the directions of the Pollution Control Board

g) State Pollution Control Board and the State of West Bengal shall undertake public awareness measures including the issuance of advertisements in newspapers, announcements on radio/ television/social media platforms etc. to spread awareness with regard to restrictions on the sale and bursting of crackers during the festive season and its beneficial impact on pollution and environment. It shall also make members of the public aware of the penal consequences arising from the sale and bursting of banned crackers.

Case title - Sabuj Mancha & Anr. v. The State of West Bengal & Ors

Citation- 2022 LiveLaw (Cal) 324 

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