[Cracker Ban] Punjab & Haryana High Court Denies To Quash Chandigarh Administration's Order Putting Ban On Sale Or Use Of Crackers

However, the Bench of Chief Justice Ravi Shanker Jha and Justice Arun Palli directed the Respondent-Administration to consider and take a decision on the representation of the petitioner (Chandigarh Cracker Dealers Association) keeping in mind the order passed by the National Green Tribunal, Principal Bench, New Delhi within two days.

The Court also made it clear that the Court was not expressing any opinion on the merits of the case and therefore, the respondent-authorities (the Administration) would be at liberty to examine the matter keeping all facts and facets into consideration and thereafter accept or reject the same in accordance with law.

It may be noted that the instant petition before the Court was filed by the petitioner (Chandigarh Cracker Dealers Association) for quashing the order dated 06.11.2020 passed by respondent No.1 whereby complete ban on sale or use of crackers of any kind throughout the Union Territory, Chandigarh was imposed.

The Order of the NGT

The National Green Tribunal on Monday (09^th November) imposed a total ban on sale/ use of all kinds of firecrackers in Delhi NCR from the midnight of November 9-10, 2020 to the midnight of November 30 - December 1, 2020.

The direction will also apply to all cities/ towns in the country where the average of ambient air quality during November (as per available data of last year) fall under 'poor' and above category.

The Tribunal has also directed All States/UTs/PCBs/PCCs that they may initiate special drives to contain air pollution from all sources in view of potential of aggravation of Covid-19.

The Chief Secretaries and DGPs of all the States/UTs have been told that may issue and circulate an appropriate order in above terms with appropriate enforcement guidelines to all the District Magistrates and Superintendents of Police, PCBs/PCCs.

Calcutta High Court's order

The Calcutta High Court on Thursday (05^th November) banned the use and sale of firecrackers on Kali Puja in the wake of the COVID-19 outbreak.

The Bench of Justice Sanjib Banerjee and Justice Arijit Banerjee ordered,

"The State should ensure that there is no use or display or bursting of firecrackers at all during the Kali Puja and Diwali celebrations."

Further, the Supreme Court on Wednesday (11^th November) affirmed the Calcutta High Court order banning the sale and bursting of firecrackers during Diwali, Chatt Puja, Kali Puja, etc in the entire state of West Bengal.

A vacation bench of Justices D Y Chandrachud and Indira Banerjee dismissed the special leave petition filed against the November 5 order passed by a division bench of the High Court.

Telangana High Court's Order

Noting that since the Government has not declared any ban on the use of fireworks so far, but considering the fact that the lives of the people need to be protected, that uncontrolled and untrammelled use of fireworks may jeopardise the lives of many, the Telangana High Court on Thursday directed the State to immediately ban the sale and use of fireworks by the people and by organisations.

The bench of Chief Justice Raghavendra Singh Chauhan and Justice B. Vijaysen Reddy was hearing a PIL by advocate-petitioner-in-person, Mr. P. Indra Prakash, for seeking the relief that the Government should be directed to ban the sale and use of firecrackers (fireworks) by the people during the Diwali festival.

Notably, an appeal has been filed before the Supreme Court challenging the 12^th November order of the Telangana High Court.

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.

Karnataka High Court's Order

On Thursday (12^th November), the Karnataka High Court directed the state government to issue an order tomorrow itself clarifying the meaning of "Green Crackers" and give wide publicity to it so that members of the public are aware of it.

A division bench of Chief Justice Abhay Oka and Justice S Vishwajith Shetty said :

"State government has banned bursting of any crackers except green crackers and that permission is granted to burst crackers between 8 pm to 10 pm. However, orders do not record and specify the meaning of green crackers. Prima facie it appears to us that order is ineffective as the state has not bothered to lay down what is the meaning of green crackers."

However, the Karnataka High Court on Friday directed authorities of the state government, officers of local bodies and police to make visits to stalls selling firecrackers and ensure that only 'green crackers' having the logo of CSIR-NEERI as well as PESO and QR code are sold on the stalls.