Cracker ban: HC denies relief to dealers in Chandigarh

They have been asked to give representation to Chandigarh administration, which has to take a timebound decision

The Punjab and Haryana high court on Wednesday denied any respite to Chandigarh Cracker Dealers Association, which had challenged the UT administration’s decision to ban the sale and bursting of crackers in the city.

The Chandigarh administration last week, after conducting draw of lots for allotment of 96 licences for the sale of firecrackers in the city, had decided to impose a blanket ban on their sale and use.

Refusing to intervene in the matter, the high court bench of chief justice RS Jha and justice Arun Palli told the dealers to approach the administration instead with a representation of their grievance.

The administration last week, after conducting draw of lots for allotment of 96 licences for the sale of firecrackers in the city, had decided to impose a blanket ban instead. The decision was taken to keep a check on the second wave of Covid-19 pandemic due to possible health complications arising from pollution caused by crackers.

Cracker dealers had told court that pollution level (air quality index) in Chandigarh is less than 150, while in the adjacent Panchkula it is almost double, at 250. Despite this, the Haryana government has not imposed a blanket ban on firecrackers, and there is no such move in Mohali too.

The dealers had sought quashing of the UT administration’s decision, or as an alternative, directions to pay compensation in lieu of losses suffered by them.

The court was also apprised of the draw of lots conducted last week, and “when purchases were made by the traders, the UT in an arbitrary manner banned sale and bursting of crackers”.

“The high court has asked the association to approach the Chandigarh administration with a representation. The decision on the representation is to be taken in a timebound manner,” said advocate BS Jaswal, who appeared for the dealers. The detailed order is yet to be released.

Manimajra trader booked for selling firecrackers

After invoking the Disaster Management Act, Chandigarh Police have registered the first case under it against a shopkeeper found selling firecrackers in Manimajra

While carrying out checking in markets and various localities of the city, police found Shankar Singh of Gobindpura in Manimajra selling firecrackers at his shop on Tuesday, in violation of the ban imposed by the Chandigarh administration. He was arrested, but later released on bail.

A case has been registered under Sections 188 (non-compliance of public order) of the Indian Penal Code and Section 51B of the Disaster Management Act 2005 at the Manimajra police station.

Though the offence is bailable, action under the Disaster Management Act is much stricter than under Section 188 of the IPC, which carries a maximum jail term of only three months. Section 51 of the Act provides for a jail term of two years in case anyone gets hurt and one year for mere violation.