The Calcutta High Court on Wednesday directed that all necessary efforts must be made by the West Bengal government to ensure that only green crackers are used during Diwali-Kali Puja and other ensuing festivals, observing that the sincerity of the state would be reflected in enforcement mechanism.
The Supreme Court had on Monday set aside a Calcutta High Court order that banned all firecrackers in West Bengal, allowing use of only certified green crackers.
A vacation bench of the high court, comprising justices Rajasekhar Mantha and Kesang Doma Bhutia directed that all necessary efforts must be made by the state to “ensure that only green crackers are used and the sincerity of the state would be reflected in enforcement mechanism.”
It noted that the Pollution Control Board has specified timings and restrictions on the use of firecrackers on the festive days and that only green firecrackers would be allowed to be used during the festive season.
It said that the responsibility of enforcement of the orders of the Supreme Court and the National Green Tribunal (NGT) has already been fixed on the home secretary and the commissioners and superintendents of police of the districts concerned in the state.
Observing that the court is conscious of the fact that it is not possible to inspect and ensure that green crackers are being used at every nook and corner of the state, the division bench said “the importance and need for maintaining clean environment and clean air is the responsibility of one and all”. It said that all citizens must follow and ensure that even the green firecrackers used do not cause discomfort to others.
“Self-imposed restrictions must be aggressively encouraged,” it said. It also observed that “Rights under Article 21 (Protection of Life and Personal Liberty) of the Constitution are required to also factor in rights under Article 19(1)(g) (Right to practice any profession or to carry on any occupation, trade or business) of the Constitution of India.”
Admitting the petition for hearing, the bench said that the Supreme Court order of November 1 permitted the petitioner to file a comprehensive fresh writ petition before the high court, with a further direction that all necessary parties particularly the state and the Pollution Control Board as also the firecracker manufacturers must be heard.
The petitioner prayed that the bursting of firecrackers in the streets ought to be banned and also sought that areas must be designated by the state which are otherwise non-residential for burning firecrackers during the festivities.
Directing that affidavit-in-opposition be filed by all respondents within four weeks, the bench allowed the petitioner to file affidavit-in-reply, if any, within another two weeks and said that the matter would be listed before an appropriate bench after six weeks.
The bench said that it is expected that the state and the Pollution Control Board as also the manufacturers’ association would come up with appropriate suggestions, including the steps already taken by them to comply with the orders of the Supreme Court and the NGT in letter and spirit.
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