The Supreme Court set aside the Calcutta High Court Order imposing a complete ban on firecrackers during festivals in the State. The Bench Comprising justices AM Khanwilkar and Ajay Rastogi highlighted that the Top Court has allowed the use of green Crackers in the areas with Ambient Air Quality.
Background
This petition came before the Supreme Court to challenge Calcutta HC’s order completely banning the use of Firecrackers in the Upcoming Festivals in the State.
Submissions Made
Mr Anand Grover, learned senior counsel, submitted that had the Court called upon the parties to explain that position, the State Government, as well as the West Bengal Pollution Control Board, would have brought all aspects of the matter to the attention of the Court to dissuade the Court to depart from the consistent view taken by this Court on the subject matter.
The learned Counsel for the State of West Bengal as well as for the Board, on the other hand, submitted that the officials are taking necessary steps as are required to ensure that the directions issued by this Court in the aforementioned orders are complied with in its letter and spirit. If there was any inaction on the part of the official concerned, appropriate remedial and corrective steps would be taken in the matter.
Court noted that that the Calcutta High Court Bench comprising Justices Sabyasachi Bhattacharya and Aniruddha Roy passed a complete ban order departing from the decisions
of this Court relied upon by the parties and also adverted to in the impugned judgment, being influenced about the practical realities and also because of lack of mechanism provided for by the State as to how the sale/bursting/lighting of only green crackers, which are duly certified, can be allowed.
The Court said that,
“We do not deem it necessary to dilate on this aspect as we are of the view that if the High Court wanted to impose a complete ban, it should have called upon the parties to offer an explanation about the aspects which were weighing with it (not specifically pleaded or argued) requiring such extreme order and departure from the consistent directions given by this Court amongst others vide orders dated 29.10.2021 in IA No.44727 of 2021 in Writ Petition (C) No.728 of 2015 and dated 13.11.2020 in SLP (C) D.No.24650 of 2020, both passed during the pandemic period taking note of the prevailing situation. This Court in fact had reiterated the regime delineated by the National Green Tribunal (for short, “NGT”) in respect of the manufacture and sale of firecrackers. It is stated across the Bar by the learned Counsel for the Board that there are no manufacturing entities in the State of West Bengal.”
Court set aside the impugned order and permitted 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 said that 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.
The Court stated that, For the time being, it only restated the position stated in the orders passed by this Court as referred to above, which shall be fully adhered to by the Authorities concerned in its letter and spirit. Additionally, the State of West Bengal may explore the possibility of ensuring the prevention of the import of banned firecrackers 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 firecrackers occurs as well as its use.
The Court disposed of this Petition by removing the Complete ban on the use of Firecrackers.
Case Details
Case title: Goutom Roy and Another v. State of West Bengal
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