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Calcutta HC Bans Sale, Use Of Firecrackers In Bengal During Upcoming Festivals

The order was passed on a petition seeking re-imposition of the ban on firecrackers, as was ordered by the court in 2020

Mumbai: Ahead of the festive season, the Calcutta High Court on Friday ordered a ban on the sale and use of firecrackers this year due to the prevailing Covid-19 situation.

A division bench comprising justices Sabyasachi Bhattacharyya and Aniruddha Roy passed the order on a petition seeking re-imposition of the ban on firecrackers, as was ordered by the court in 2020.

The bench directed the police to initiate legal action against anyone found violating the ban after having confiscated the crackers.

Thus, this year during Diwali, Kali Puja, Chhath Puja, Christmas or New Year there will be no use of firecrackers in West Bengal.

However, this order retracts a recent notification by the West Bengal Pollution Control Board that allowed the use of “green” firecrackers for a limited period of time on Diwali and Kali puja.

The order issued on 26 October, had also noted that the “air quality in Kolkata and districts were at moderate/ satisfactory levels till the third week of October”.

“The authorities have been asked to implement the order and take action against anyone flouting it. Our teams will be monitoring the situation with the active support of the police,” WBPCB chairman Kalyan Rudra said on Wednesday.

Earlier, the Supreme Court on Thursday dispelled the impression that it was against a particular group or community by banning firecrackers and said it cannot allow violation of rights of citizens under the guise of enjoyment.

“Under the guise of enjoyment, you (manufacturers) cannot play with the lives of citizens. We are not against a particular community. We want to send a strong message that we are here for the protection of fundamental rights of citizens,” the bench said.

The apex court said the earlier ban order on firecrackers was passed after giving elaborate reasons.

“All firecrackers were not banned. It was in the larger public interest. There is a particular impression being created. It should not be projected that it was banned for a particular purpose. Last time we said that we weren’t coming in the way of enjoyment but we cannot come in the way of fundamental rights of people,” the bench said.

The top court had earlier said that under the guise of green crackers, banned articles are being used by firecracker manufacturers and reiterated that its earlier order banning joint crackers must be complied by every state.

It had also ordered six manufacturers to show cause why they should not be punished for contempt of its orders.

The bench had said that it is not averse to the celebration but not at the cost of the life of other citizens, adding that celebration does not mean the use of loud crackers and it can also be from “Fuljhaddi” etc which are not noisy.

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