Calcutta High Court order banning firecrackers in West Bengal challenged before Supreme Court

The Supreme Court will hear tomorrow an appeal challenging a recent order of the Calcutta High Court banning use of firecrackers in West Bengal during upcoming festivities of Kali Puja, Diwali, Chatt Puja, Jagadhatri Puja, Guru Nanak’s Birthday, Christmas Eve and New Year’s Eve this year (Goutam Roy v. State of West Bengal)..The matter will be heard by a special vacation Bench of Justices AM Khanwilkar and Ajay Rastogi at 11 am. The Supreme Court is currently closed for Diwali break..The Calcutta High Court order was passed taking into account the COVID pandemic situation in the State and the deteriorating air quality.Only wax or oil-based diyas can be used, the High Court had directed."The State should ensure that there is no use or display or bursting of firecrackers of any type at all during the oncoming Kali Puja, Diwali celebration as well as the following Chatt Puja, Jagadhatri Puja, Guru Nanak’s Birthday and/or Christmas/New Year’s Eve this year. For such purpose, only wax or oil-based diyas might be used," the order said..A Bench of Justices Sabyasachi Bhattacharyya and Aniruddha Roy had also directed the police to maintain strict vigil and ensure that no sale, purchase or use of firecrackers takes place during the festivities. Further, the police was asked to confiscate any firecrackers of any kind which have the potential to pollute the air.Before concluding the order, the Bench had importantly clarified that the expression “firecrackers” covers all types of sparklers as well as other like material, whether or not the bursting/burning thereof involves any sound or light being generated.The petitioner before High Court, one Roshni Ali had contended that bursting of firecrackers would endanger the right to life of Indian citizens especially in light of the worsening pandemic. Attention was drawn to an earlier order of the coordinate bench of the Court banning use of all firecrackers and allowing only the use wax or oil based diyas.It was further submitted that larger interest of citizens must be kept in view as opposed to the smaller interest of firecracker manufacturers and others concerned with such business..The State of West Bengal had, however, opposed a total ban pointing out orders of the National Green Tribunal and Supreme Court that permitted the use of “green crackers” in a restricted manner.A similar submission was made by the intervenors, a joint body of firecracker manufacturers, which stated that if permission for use of such green crackers is not extended, manufacturers would suffer.However, the Division Bench had rejected this submission in view of “practical realities”. It was observed that there was no mechanism in place to distinguish green crackers and it would create an impossible task for law enforcement agencies..[Read Calcutta High Court order]