A bench of Justices A M Khanwilkar and Ajay Rastogi said there cannot be a total ban on firecrackers, and rather, there is a need to strengthen the mechanism against the use of banned chemical substances like barium salts.
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The Supreme Court on Monday set aside the Calcutta High Court order, ImposIng a total ban on firecrackers during Kali Puja, Diwali and other festivities.
A bench of Justices A M Khanwilkar and Ajay Rastogi said there cannot be a total ban on firecrackers, and rather, there is a need to strengthen the mechanism against the use of banned chemical substances like barium salts.
“The order has to be consistent. West Bengal can’t be an exception,” it said.
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The bench observed that the National Green Tribunal, on manufacturing and sale of firecrackers, has delineated a regime and the government should take steps against banned firecrackers.
“To depart from that regime, some different position has to be pointed out including inaction or collusive approach of the executive at the ground level,” it said.
Advocate Rachit Lakhmani, representing a petitioner, submitted that green crackers also caused pollution and pointed out that designated places should be allocated to burst firecrackers — away from hospitals and residential areas.
On October 29, the Supreme Court ordered all state governments and Union Territories (UTs) to ensure its directions banning the use of barium salts in fireworks were strictly followed. It emphasised that there was no total ban on the use of firecrackers, and only those comprising banned substances are banned.
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