The Supreme Court on Monday adjourned till tomorrow the hearing of 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. The Court earlier had expressed strong reservations to the fact that the preliminary enquiry report submitted by the Joint...
The Supreme Court on Monday adjourned till tomorrow the hearing of 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. The Court earlier had expressed strong reservations to the fact that the preliminary enquiry report submitted by the Joint Director, Central Bureau of Investigation (CBI) at Chennai had divulged that six firecracker manufacturers based in Tamil Nadu had been using barium and barium salts in the making of firecrackers in express violation of the ban imposed by the Court on the use of such chemicals.
A bench comprising Justices MR Shah and AS Bopanna on Monday orally mentioned to ASG Aishwarya Bhati that the instant matter would be taken up tomorrow while the ASG was mentioning another matter.
"We will see you tomorrow, the firecracker matter is also fixed for tomorrow", Justice Shah remarked while addressing ASG Bhati.
Taking serious note of the violation, the Bench had sought the response of the manufacturers to the preliminary enquiry report of the CBI. Accordingly on October 6 the Bench had taken on record the counter-affidavits filed by the respondents- manufacturers M/s Standard Fireworks, M/s Hindustan Fireworks, M/s Vinayaga Fireworks Industries, M/s Shree Mariamman Fireworks, M/s Shree Suryakala Fireworks and M/s Selva Vinayagar Fireworks.
Referring to the counter-affidavits filed by the respondent manufacturers, Justice Shah had orally remarked with dismay,
"Have you seen the reply by manufacturers? What they say is very surprising, they say that the huge quantity of barium purchased was to be kept in the godown, it was not for manufacture. Why have they kept them in the godown?"
The Bench had further indicated that that it may pass an order directing the seizure of all banned chemicals such as barium salts from the godown of the respondents-manufacturers. It had also been opined by the Bench that the right to health of citizens should be given predominance over celebrations and right to livelihood of cracker manufacturers and dealers. Senior Advocate Gopal Sankaranarayanan appearing for the petitioner (Arjun Gopal) had also submitted an additional affidavit before the Court on the basis of the preliminary enquiry report of the CBI.
Accordingly, on the last date of hearing the Bench had directed the the concerned parties to exchange the relevant counter-affidavits and additional affidavits filed.
The Court is slated to hear oral arguments from the parties tomorrow.
Case Title: Arjun Gopal & Ors v. Union of India & Ors| Writ Petition(s)(Civil) No(s). 728/2015