Firecrackers Regulation : Calcutta High Court To Hear Tomorrow Plea Seeking Proper Enforcement Of SC Directions

The Calcutta High Court on Tuesday specified that it would hear tomorrow a petition seeking directions for the proper implementation of prior Supreme Court orders on the regulation of firecrackers during the upcoming festivals. This comes in the wake of the Supreme Court setting aside the order of the Calcutta High Court which imposed a complete ban of use of firecrackers in the State of West Bengal. 

The plea has been moved by the original petitioner i.e. environmental activist Roshni Ali on whose Public Interest Litigation (PIL) a division Bench comprising Justices Sabyasachi Bhattacharya and Aniruddha Roy had imposed 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 Kali Puja, Diwali celebrations as well as the following Chatt Puja, Jagadhatri Puja, Guru Nanak's Birthday and/or Christmas/New Year's Eve celebrations this year. 

On Tuesday, Advocate Rachit Lakhmani appearing for the petitioner apprised a vacation Bench comprising Justices Rajasekhar Mantha and Kesang Doma Bhutia that the Supreme Court while setting aside the impugned order of the High Court had granted leave to the petitioner to approach the High Court seeking further directions. 

A Bench comprising Justices AM Khanwilkar and Ajay Rastogi of the Supreme Court had observed in its order dated November 1 the following, 

"We set aside the impugned order and permit the writ petitioner or any person interested in doing so to approach the High Court by placing all relevant facts and material on record and on the basis of the foundation so laid in that proceeding, the High Court after giving opportunity to the State of West Bengal as well as the Board, may proceed to pass directions as may be advised."

However, advocate Srijib Chakraborty appearing for an association of firecracker manufacturers that had challenged the impugned order before the Supreme Court vehemently opposed the filing of the instant petition by contending that the Supreme Court had allowed parties to approach the High Court only if it is found that any 'inaction or collusion' had taken place by the Executive at the ground level. 

The Bench on Tuesday sought clarification from the parties by enquiring, "Has the SLP been diposed of by the Supreme Court?"

To this, the concerned parties responded in the affirmative. However, the Bench allowed the filing of the petition seeking further directions and further specified that it would hear the matter tomorrow at 11am. Advocate Rachit Lakhmani was also directed to ensure that notice is served to the State and all other concerned parties before tomorrow's hearing. 

During the course of the hearing yesterday before the Supreme Court, Advocate Rachit Lakhmani had submitted that there should be demarcated zones for bursting of firecrackers, whether green or not, away from hospitals and residential zones. He had further apprised the Apex Court that no such demarcated zones had been specified by the State of West Bengal or the West Bengal Pollution Control Board. 

While allowing him to file a plea before the High Court for further directions in this matter, the Supreme Court had set aside the complete ban on firecrackers and had instead allowed the use and manufacture of only 'green crackers' in the State of West Bengal. 

"The State of West Bengal may explore the possibility of ensuring prevention of import of banned fire crackers or related items within the State of West Bengal at the entry point itself. That mechanism can be strengthened, if need be. Further, the State shall ensure strict supervision and verification at other places including where the trading of fire crackers occur as well as its use", the Supreme Court had specified in its order. 

Background 

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.

"It would be an impossible task for the police and/or law enforcement agencies to ascertain the veracity of the certificates of the crackers which are being used by the general public at the time of these festivals, irrespective of the classification under which they are sold. Leaving the window open for green crackers to be used, would positively entail abundant abuse of such window and there is no mechanism in place, as mentioned earlier, to screen such abuse at this juncture, when the festive season is on the anvil", the High Court had further opined.

However, this order was set aside by the Supreme Court on November 1 after recording that the Supreme Court as well as the National Green Tribunal vide its prior orders had permitted the use and manufacture of duly certified 'green crackers'. The Apex Court had further 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.