State is giving license to every person to define what a green cracker is: Karnataka HC observes in plea seeking ban on crackers

The Karnataka High Court today observed that the state government's orders banning the bursting and sale of all crackers except green crackers were "ineffective", as they failed to define what a green cracker was.

. A Bench headed by Chief Justice Abhay Oka was informed that bursting and sale of all crackers except green crackers was banned from November 7 to 16 by way of two government orders. Further, the sale was to happen only in permitted places, and bursting of crackers was allowed only from 8pm to 10 pm on the said dates.

. After going through the government orders, the Bench remarked,

. "Your orders do not define "green crackers". State is giving license to every person to define what green cracker is....How are you going to implement it?" Karnataka High Court . However, in its order, the Bench observed that it was too late in the day to consider banning crackers, as the petitioner had approached the Court quite late.

. "The learned counsel appearing for the petitioner is prima facie right in submitting that a stringent direction as done by High Court of Calcutta by order dated 5th November, 2020 deserves to be issued. However, it is now too late in the day to consider passing pf drastic directions taking into consideration the precautionary principle and the doctrine of public trust..."

.No firecrackers during Kali Puja, Diwali, other upcoming festivities in view of COVID-19 situation: Calcutta High Court [Read Order]. The Court further opined that the State ought to have taken stringent steps to curb the bursting of crackers, as there was a very high probability that it would increase air pollution. The same may also create a situation which may worsen the spread of COVID-19, the Court added in its order.

. During the hearing, the Bench also took note of the possibility of persons selling normal crackers under the garb of "green crackers".

. The Bench further questioned the State on the Air Quality Index (AQI) of different cities in Karnataka.

. After going through the NGT order referred by the petitioner , the Bench observed that there was no blanket ban on bursting of crakers.

.NGT bans use of firecrackers in Delhi-NCR from Nov 9 to Dec 1 [Read Order]. The Bench also hinted that had the petitioner approached the Court earlier, it would have passed a much more stringent order.

. The Court passed these observations in a plea seeking to impose a ban on sale and use of crackers in Bangalore.

. The petition filed by Advocate BK Narendra Babu claimed that COVID-19 would spread drastically if crackers are burnt during Diwali, owing to the pollution and smog generated.

. It was further stated that the chemicals used in firecrackers can prove to be hazardous for human respiratory systems and may cause serious ailments like asthma, lung cancer, shortness of breath, etc.

. The plea also relied on orders passed by the Calcutta High Court and the Government of Rajasthan banning the sale and use of crackers during Diwali.

. The matter will be next heard on tomorrow, November 13.

. [Read plea here]

State is giving license to every person to define what a green cracker is: Karnataka HC observes in plea seeking ban on crackers

Rintu Mariam Biju

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