The Calcutta High Court Bench comprising of Justices Sabyasachi Bhattacharyya and Aniruddha Roy, while dealing with the case of Roshni Ali Vs. State of West Bengal & Ors. ordered a complete ban on the sale and use of firecrackers in the upcoming festival of Diwali and added that this ban covers upcoming festivals of Chhath puja, Christmas, and new year too.
Background of the Petition
The Petitioner through this petition contended that the use or bursting of firecrackers of all classes will severely endanger the right to life of the citizens of the State, particularly in view of the worsening pandemic situation. They added that a coordinate Bench of this Court had previously passed an order whereby the use of all firecrackers, including all types of sparklers and the like, whether or not the use or burning thereof involves any sound or light being generated, were banned from being used and only wax and/or oil-based diyas were permitted to be used during the festive season.
It was submitted that keeping in view the larger interest of the citizens of the State, the smaller interest of the firecracker manufacturers and all concerned with such business might be overlooked.
Cases of both parties
Learned Advocate General and Learned counsel for the Pollution Control Board pointed out that there were prevalent orders of the Green Tribunal as well as the Supreme Court, permitting restricted usage of green crackers during certain hours of the day/evening.
Learned counsel appearing for the intervenor, contended that, as per the latest orders of the National Green Tribunal as well as the Supreme Court, the usage of green crackers has been permitted to a limited extent, confined to certain hours of the day. It was further submitted that only such green crackers which were duly certified by the authorized agencies of the Central Government may be permitted to be used; otherwise, the manufacturers of the green crackers who have invested huge amounts of resources in such manufacture would be left in the lurch at the eleventh hour.
Reliance was placed on an order passed by the West Bengal Pollution Control Board dated October 26, 2021, wherein the Pollution Control Board permitted, in the State of West Bengal, the use and sale of only green crackers and bursting of such crackers for certain specified hours during the Diwali festival, Chatt Puja, Christmas and New Year’s Eve.
Order of the Court
The Court considered the Supreme Court’s stand on the order of the Telangana High Court imposing a blanket ban on all firecrackers was modified by the Supreme Court, which permitted the use of certain green crackers.
Considering the present situation of the State Court held that,
“However, keeping in view the practical realities, we find nothing to establish that there is any mechanism in place at present to ascertain whether the crackers being sold or burst/lighted are only green crackers, complying with the norms as set in place by the relevant certifying Body. That apart, 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.”
In light of Green Crackers Court held that,
“Leaving the window open for green crackers to be used, would positively entail abundant abuse of such a 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 Court keeping in mind the present pandemic situation, which is getting marginally worse by the day and in view of the fact that even moderate Air Quality Index (AQI) can cause severe difficulties for people suffering from respiratory problems and long exposure thereof may also affect otherwise healthy people, we are not convinced that firecrackers of any form, either green or of any other category, ought to be permitted to be used during the coming festive season.
It was made clear by the Bench that the expression “firecrackers”, shall cover all types of sparklers as well as other like material, whether or not the bursting/burning thereof involves any sound or light being generated.
The petition was disposed of with the following observations:-
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 police shall maintain a strict vigil to ensure that there is no further sale or purchase of firecrackers and/or any use of such firecrackers during the coming festive season;
The Police shall further make efforts to confiscate all firecrackers of any kind or like which have the potential to pollute the air;
Appropriate measures may be taken by the police authorities in such regard at the earliest.
Case Details
Case Title: Roshni Ali v. State of West Bengal
Bench: Justice Sabyasachi Bhattacharyya and justice Aniruddha Roy
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