Alka Verma-
Published On: November 01, 2021 at 13:50 IST.
A Plea has been filed in the Supreme Court of India challenging Calcutta High Court order to Ban the use of firecrackers in West Bengal completely.
A Special Leave Petition has been Filed in the Top Court Challenging the Order issued on October 29, 2021.
The Plea has been moved by Goutom Roy, who is the Chairman of a Committee of Firecracker manufacturers called “Sara Bangla Atasbazi Unnayan Samity”.
In the Plea, it is stated that a complete ban is Injustice to those who are manufacturing the Green Firecrackers in a controlled manner, which is already approved by the Apex Court.
“The Hon’ble High Court of Calcutta was patently erroneous on holding complete ban on firecrackers within the State of West Bengal, when this Hon’ble Court in exercise of utmost diligence has allowed the use of green fire crackers in permissible limit across all States”, contends the Plea.
Also, relying on the Apex Court Judgment in the Case of the Telangana FireWorks Dealers Association v. P. Indra Prakash & Ors, wherein the Apex Court approved the use of green crackers, the Petition states that, “The Honorable High Court failed to appreciate that the Green crackers with reduced emission by minimum 30 percent have been introduced in the local market. Nearly 165 fireworks Manufactures have been roped in and around 65 more manufacturers are in the process of coming on board to Manufacture Green Crackers,”
The Petition also talks about the financial problems of the firecracker manufacturers if such a complete ban will be imposed.
A Special Vacation Bench comprising Justices AM Khanwilkar and Ajay Rastogi is going to hear the issue raised in the Plea today at 11 am.
It should be noted here that the High Court issued a notice banning the firecrackers completely in West Bengal during the upcoming festivals like Kali Puja, Diwali, Chaath Puja, Jagadhatri Puja, Guru Nanak’s Birthday, Christmas Eve and New Year’s Eve.
“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”, stated the High Court.
The High Court in its ruling also Banned the Green crackers stating that there is no existing mechanism to ensure that only Green crackers are being used.
Also Read: Special Leave Petition: A Unique Mechanism
Supreme Court: Firecracker ban needs to be strictly followed
