SC Sets Aside Calcutta HC Order Imposing Blanket Ban On Use Of Firecrackers In West Bengal Amid Kali Puja, Diwali

“There cannot be complete ban on firecrackers. Strengthen mechanism to supervise and implement (Supreme Court's earlier directions),” the apex court remarked, Bar and Bench reported.

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New Delhi: The Supreme Court on Monday set aside the Calcutta High Court’s order putting a blanket ban on the sale and bursting of firecrackers in West Bengal during the Kali Puja, Diwali celebrations and other festivals this year to check air pollution amid the Covid-19 pandemic.

A special vacation bench of Justices A.M. Khanwilkar and Ajay Rastogi said that the apex court has already passed an order regulating use of firecrackers which use polluting materials and there cannot be a blanket ban on firecrackers.

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“There cannot be complete ban on firecrackers. Strengthen mechanism to supervise and implement (Supreme Court's earlier directions),” the apex court remarked, Bar and Bench reported.

Earlier on Friday, the Calcutta High Court had issued a blanket ban on fireworks — whether light- or sound-emitting — till the end of this year.

The Calcutta High Court remarked that a blanket ban was being imposed keeping in mind practical realities, as there was no mechanism in place to ascertain whether a cracker being sold, burst or lit complied with norms and qualified to be termed a “green cracker”.

The apex court had earlier said there is no total ban on use of firecrackers, adding only those crackers containing Barium salts or chemical crackers are prohibited.

The apex court said no authority can be permitted the violation of the directions issued by it and permit banned firecrackers under the guise of celebration.

Emphasizing on the implementation of its previous orders, the apex court said that the authorities entrusted with the task to implement orders must show more responsibility.

The apex court’s observation came ahead of the festival of Diwali to be celebrated on November 4.