Firecrackers ban: Calcutta HC to hear plea seeking implementation of SC order

The Calcutta high court had earlier ordered a complete ban on the sale, purchase and usage of all firecrackers, a direction which was overruled by the Supreme Court.

The Calcutta high court will on Wednesday again hear a petition seeking directions for proper implementation of Supreme Court order on the regulations imposed for burning of firecrackers during Diwali, Kali Puja and other upcoming festivals.

A view of the Calcutta high court. (HT archive)

The new petition, moved by the original petitioner, comes in light of the apex court setting aside the Calcutta high court order on a blanket ban on the sale, purchase and usage of firecrackers, including green crackers, in the state of West Bengal.

A special bench of Justices AM Khanwilkar and Ajay Rastogi of the Supreme Court had on Monday said there is no need for a blaanket ban on the use of firecrackers and only those fireworks that contain Barium salts are prohibited.

It had ruled that the high court departed from the legal regime established under the top court’s orders without any material to show inaction on part of the state or collusive approach by the authorities at the ground level.

On October 29, the Calcutta high court had ordered a blanket ban on firecrackers, limiting festivities to only wax or oil-based diyas, to check air pollution amid the Covid-19 pandemic. One of the petitions at the high court hearing had claimed that the blanket ban within West Bengal was “patently erroneous” when the Supreme Court has allowed the use of green firecrackers in permissible limits across the country.

The Supreme Court order was welcomed with a cheer by fireworks traders in West Bengal who make nearly 75-80 per cent of their annual sale, estimated to be around ₹5000 crore, during this festive season.