Firecracker Ban Case : Supreme Court Adjourns Hearing Till 3 PM Today To Hear West Bengal Govt [LIVE UPDATES]
A vacation bench of the Supreme Court will hear today the petition filed by firecracker manufacturers against the order passed by the Calcutta High Court imposing a total ban of use of firecrackers in the State of West Bengal.A bench comprising Justices AM Khanwilkar and Ajay Rastogi is hearing the matter..A Division Bench comprising Justices Sabyasachi Bhattacharya and Aniruddha Roy of...
A vacation bench of the Supreme Court will hear today the petition filed by firecracker manufacturers against the order passed by the Calcutta High Court imposing a total ban of use of firecrackers in the State of West Bengal.
A bench comprising Justices AM Khanwilkar and Ajay Rastogi is hearing the matter..
A Division Bench comprising Justices Sabyasachi Bhattacharya and Aniruddha Roy of the Calcutta High Court had ordered a 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 festivities.
"The State should ensure that there is no use or display or bursting of firecrackers of any type at all during the oncoming Kali Puja, Diwali celebration as well as the following Chatt Puja, Jagadhatri Puja, Guru Nanak's Birthday and/or Christmas/New Year's Eve this year. For such purpose, only wax or oil-based diyas might be used", the High Court had ruled.
The High Court had further observed that there is no existing mechanism in place to ascertain whether only "green crackers" as permitted by the Supreme Court are being used and hence had proceeded to ban the use of such green crackers as well.
Stay on this page for live-updates from the hearing.Hearing ends.
Order: Mr. Lakhmani submits that the HC did mention during the course of hearing that there is no assured arrangement in place which can ensure illegal import of the firecrackers which are not permitted in the State of WB or the use thereof The petition is disposed of.
Order: Mr Grover has requested us to record that no argument was advanced about practical realities to verify the crackers imported within the State. That argument was never advanced before the HC which has not been countered by the counsel for the petitioner before this Court.
Order: For the time being we only reiterate the position of the Supreme Court on 29th October, 2021.
Additionally, the State of WB will explore the possibility of ensuring that no banned materials are imported. The mechanism may be strengthened.
Order: We set aside the impugned order and allow any person to approach the High Court on the basis of material on record.
Order: The Pollution Control Board submits that authorities are taking action. If there is any inaction on part of the officials concerned, appropriate action will be taken.
We accept this assurance given.
Order: This Court has in fact reiterated the regime delineated by the NGT in respect of manufacture and sale of firecrackers. To depart from the regime, some extreme position has to be pointed out including the inaction or collision approach of the Executive.
Order: We are convinced that if the HC wanted to impose complete ban, the HC would have called upon parties.
Order: This aspect was never debated.
Order: The HC proceeded to pass blanket order by being influenced by practical realities and lack of mechanism placed by the State before the Court as to how sale of only green crackers duly certified can be allowed.