Firecracker ban: Comply strictly with order, SC tells states

The court made it clear that “only those firecrackers are banned, as directed hereinabove, which are found to be injurious to health and affecting the health of the citizens, more particularly the senior citizens and the children”.

The Supreme Court on Friday asked states and Union Territories to “strictly comply” with its order regarding bursting of firecrackers even as it clarified that the ban was on firecrackers other than green ones and those with reduced emission (improved crackers).

“We direct all the States/Union Territories to see that the directions issued earlier…and today by this Court are strictly complied with in its true spirit and in toto….if it is found that any banned firecrackers are manufactured, sold and used in any particular area, the Chief Secretary of the concerned State(s), the Secretary (Home) of the concerned State(s) and the Commissioner of Police of the concerned area, District Superintendent of Police of the concerned area and the SHO/Police Officer in-charge of the concerned police station shall be held personally liable…Any wilful and deliberate disobedience shall have to be viewed very seriously,” a bench of Justices M R Shah and A S Bopanna directed.

The court made it clear that “only those firecrackers are banned, as directed hereinabove, which are found to be injurious to health and affecting the health of the citizens, more particularly the senior citizens and the children”.

The court’s reference was to its October 2018 order in which it has banned the production and sale of all crackers except green ones and those with reduced emissions (improved crackers).

Subsequently, an application was filed in the court seeking contempt of court proceedings against some of the manufacturers alleging that they had used banned Barium salts.

The court, which ordered a CBI inquiry, said from the agency’s report, “It prima facie appears that there is a blatant violation of the directions issued by this Court… The allegations, if found to be true… cannot be tolerated.”

Directing that its earlier orders be complied with, the court said, “No authority can be permitted the violation of the directions issued by this Court and permit banned firecrackers under the guise of celebration…nobody can be permitted to infringe the right to health of the others…”

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