Why Huge Quantities Of Banned Barium Chemicals Kept In Godowns? Supreme Court To Firecracker Manufacturers

The Supreme Court on Wednesday observed that its earlier orders pertaining to the regulation of firecrackers must be complied with by every State. The Court was adjudicating upon 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.

 A Bench comprising Justices M R Shah and A S Bopanna vide its order dated September 29 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.

On Wednesday, the Bench observed that they were shocked to find out that despite Court's earlier directions banning joint firecrackers, they were still very much in use. 

"We have already banned joint crackers. But in any celebration you go to, you will find joint crackers. How is this happening?", Justice Shah enquired. 

Senior Advocate Gopal Sankaranarayanan appearing for the petitioner (Arjun Gopal) submitted an additional affidavit before the Court on the basis of the preliminary enquiry report of the CBI. 

"We have filed an additional affidavit on the basis of the CBI report. Your Lordships are right, what has transpired is very disturbing", senior counsel Sankaranarayanan remarked while addressing the Bench. 

The Court on Wednesday also took 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. The Court on the previous date of hearing had observed that 'one more opportunity' is being given to the respondent manufacturers to put forward their case. 

Justice Shah on Wednesday while referring to the counter-affidavits filed by the respondent manufacturers 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 further opined that it may pass an order directing the seizure of all banned chemicals such as barium salts from the godown of the respondents-manufacturers. 

The CBI report had stipulated that various samples of finished, semi-finished and raw material samples collected from manufacturing factories were sent for chemical analysis in government laboratories. Thereafter, it had been found that in many firecrackers barium and barium salts have been used by the manufacturers in express violation of the Supreme Court's order dated October 23, 2018. 

Senior Advocate Gopal Sankaranarayanan also pointed out to the Court that contrary to mandated guidelines, none of the manufacturers have certification from the regulatory body PESO (Petroleum and Explosives Safety Organization). 

Furthermore, senior advocate Dushyant Dave appearing for the Tamil Nadu Fireworks and Amorces Manufactueres' Association (TANFAMA) submitted before the Court that despite the Court's earlier directions asking the Ministry of Environment, Forests and Climate Change (MoEF&CC) to not make any determination regarding the issue of green crackers, the Ministry had issued guidelines regarding the same. 

It was further pleaded by senior counsel Dave that the entire industry cannot be made to suffer due to violations by a few manufacturers, although he acknowledged that the Court's directions must be complied with. 

In response, Justice Shah remarked, "We are not averse to celebration, even we want to celebrate. But we cannot celebrate at the cost of the lives of others".

Accordingly, the Bench adjourned the hearing to October 26 after directing the concerned parties to exchange the relevant counter-affidavits and additional affidavits filed. 

Case Title: Arjun Gopal & Ors v. Union of India & Ors| Writ Petition(s)(Civil) No(s). 728/2015

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