Supreme Court permits green crackers in Bengal, sets aside Calcutta HC's blanket ban order

The Supreme Court of India

The Supreme Court on November 1 said the use of green crackers in all states, including West Bengal, will remain permitted.

The apex court has set aside an order issued by the Calcutta High Court which imposed a blanket ban on the bursting of firecrackers.

"There cannot be complete ban on firecrackers. Strengthen mechanism to supervise and implement," Bar & Bench quoted the SC bench headed by Justices AM Khanwilkar and Ajay Rastogi as saying.

The top court, however, clarified that it has allowed the bursting of green crackers if ambient air quality is 'moderate', the Times of India reported.

It reportedly noted that if pollution levels exceed the limits, it is state's duty to stop bursting of crackers.

The Calcutta HC, while passing an order on October 29 on a public interest litigation (PIL) that sought a ban on firecrackers, said the state should ensure a ban throughout the festive season.

"The state should ensure that there is no use or display or bursting of firecrackers of any type at all during Kali Puja, Diwali celebrations as well as Chhath Puja, Jagadhatri Puja, Guru Nanak’s birthday, Christmas and New Year’s Eve celebrations this year,” the HC had ordered.

The division bench comprising Justices Sabyasachi Bhattacharyya and Aniruddha Roy directed that only wax or oil-based diyas may be used for the occasions.

The HC's order, which has now been overturned by the apex court, nullified a recent notification by the West Bengal Pollution Control Board that allowed the use of “green” fire crackers for a limited period of time on Diwali and Kali puja.

To challenge the HC's order, a plea was moved before the Supreme Court by the chairman of a West Bengal-based firecracker association and another such group.

The petitioners have said that they represent the interest of about seven lakh families who are involved in the process of manufacture and sale of fireworks and are involved in the fireworks industry in one manner or another.

“The high court failed to appreciate that the firecrackers manufacturers under the supervision and guidance of the competent authorities of both the central and state government are now engaged in manufacturing only green crackers which conform to permissible smoke and noise levels in terms of the directions of the apex court and the National Green Tribunal,” the plea said, while seeking ex-parte interim stay on the operation of the high court order.

With PTI inputs