Supreme Court sets aside Calcutta High Court's order imposing blanket ban on firecrackers

On Monday, the Supreme Court set aside Calcutta High Court's order banning the use of firecrackers in West Bengal during upcoming festivities of Kali Puja, Diwali, Chatt Puja, Jagadhatri Puja, Guru Nanak's Birthday, Christmas Eve, and New Year's Eve this year citing pollution.

While hearing a plea challenging the Calcutta High Court's order, the vacation bench of Justices A M Khanwilkar and Ajay Rastogi said that the blanket ban was influenced by the lack of a mechanism to ensure that only green crackers are being used. Senior Advocate Malvika Trivedi, appearing for the Siliguri Firecrackers Association highlighted that the Supreme Court judgement in 2020 where the apex court permitted the use of green crackers after taking note of the practical difficulties. The bench directed the West Bengal government to explore the possibility to ensure that banned firecrackers and related items are not imported into the state at the entry point itself.

"There cannot be a complete ban of firecrackers. Strengthen the mechanism to stop the misuse", orally observed the bench during the hearing.

Calcutta HC ban firecrackers despite SC's approval to green crackers 

On October 29, the Calcutta High Court ordered a blanket ban on the sale and use of firecrackers this year. A division bench comprising justices Sabyasachi Bhattacharyya and Aniruddha Roy directed the police to initiate legal action against anyone found violating the ban. The order noted that the "air quality in Kolkata and districts were at moderate/ satisfactory levels till the third week of October".

The Calcutta High Court imposed a blanket ban a day after the Supreme Court asserted that there was no ban on firecrackers, except those injurious to health. “Only those firecrackers are banned, which are found to be injurious to health and affecting the health of the citizens, more particularly the senior citizens and the children,” the Supreme Court had said in its order, paving way for the citizens to burst green crackers. 

The apex court directed the states and the Union Territories to see to it that the banned firecrackers and related items are not imported into the state. The court had directed the governments to use electronic and print media and local cable services to alert citizens on the court’s directions on the manufacture, use, and sale of banned firecrackers.

The court had added, "If states and Union Territories fail to implement the order, it will be viewed seriously."

(With inputs from PTI)