No firecrackers during Kali Puja, Diwali, other upcoming festivities in view of COVID-19 situation: Calcutta High Court [Read Order]

The Calcutta High Court has directed the State to ensure that firecrackers are not used, displayed or burst in West Bengal during Kali Puja and Diwali celebrations this year, in view of the COVID-19 pandemic situation (Anasua Bhattacharya v. State of West Bengal; Ajay Kumar De v. Government of West Bengal). .A Bench of Justices Sanjib Banerjee and Arjit Banerjee ruled on Wednesday:In view of the unique problem brought about by the pandemic, the State should ensure that there is no use or display or bursting of firecrackers at all during the Kali Puja and Diwali celebrations. Only wax or oil-based diyas would have to suffice, for the greater good of the citizens and in the larger public interest. This direction as to firecrackers will be effective all over the State and will cover not only the Kali Puja and Diwali celebrations, but also the Chhat Puja, Jagadhatri Puja and Guru Nanak’s birthday celebrations thereafter.The compendious word “firecrackers” will include all types of sparklers and the like, whether or not the use or burning thereof involves any sound or light being generated..While passing the order the Court also noted that the State Government had already issued an appeal against the use of firecrackers this year in view of the effects of the COVID-19 pandemic on the respiratory system. .The Court proceeded to issue the ban on the use of firecrackers during the upcoming festive season, even though it noted that the National Green Tribunal is also examining the issue. .Should Firecrackers be banned in NCR during upcoming festive season in view of COVID-19 situation? NGT to consider.The Bench has now ordered the police to maintain a strict vigil to ensure that no firecrackers are purchased or sold until the end of the month. The Court added:The police should make every effort to confiscate firecrackers and any kind of like material which have the potential to pollute the air. Immediate appropriate measures must be taken by the police against those seeking to act in contravention of these directions.The State will ensure that no firecrackers of any kind are brought into the State, except for immediate transit to another State..The Court has further instructed the local administration to take appropriate steps well in advance so that these directions are complied with. Directions have been issued to sensitise people about the order immediately, especially where the festivities are expected to be held in a big way. .Referring to an application had been made by a firecrackers’ association on the issue, the Court has observed that it would be up to the State to decide on whether compensation or other measures can be taken to make up for their loss. The Bench added, "For the greater good, a small number of persons involved in the firecracker business may have to suffer losses. The overwhelming public interest cannot be compromised.".Other directions issued with respect Kali Puja 2020.In the course of the order, the Bench commended the State authorities for the admirable conduct of Durga Puja, noting that serious attempts were made to ensure that the COVID-19 protocol was maintained ad hygiene was not compromised. ."Indeed, the usual crowding at puja pandals during the Durga Puja was, more or less, absent", the Court observed..It added,"Whether as a result of the measures taken or otherwise, there does not appear to have been a spike in Covid cases, till at least a week after Durga Puja.".Earlier the Court had also issued directions to regulate the conduct of Durga Puja, adding to the safety restrictions already in place in view of the pandemic. .[Durga Puja] No public entry in the vicinity of Puja Pandals, raise awareness to reduce overcrowding in public places: Calcutta High Court.Expressing hope that the conduct of Kali Puja can also be safely conducted on similar lines, the Court has now issued the following additional directions:All pandals will be No-Entry Zones, including an area of five-metres beyond the pandals on all the open sides. Only dhakis will be permitted to occupy the space beyond the pandals and within the five-metre zone. Except for dhakis, the five-metre zone has to be kept completely free at all times.For the smaller pandals, only 10 persons would be allowed any given point of time. For medium-sized pandals (with a covered area between 150 square metres and 300 square metres excluding the dais), the number of persons at any point of time may be 15. For bigger pandals, a maximum of 45 persons can be allowed at a given point of time.Sanitisers must be available at the puja pandals and wearing of masks will be mandatory within and around the pandal area. The distancing norms have to be maintained at all times both within the pandals and in an around the pandals.Immersions should be low-key affairs and processions for such purpose will not be permitted. The use of bands and lights at the time of immersion will also remain prohibited. It will be open to the local police to provide for staggered timings so that the immersion ghats are not overcrowded..The Court also made note to directed the police to ensure COVID-19 norms are adhered to in temples until the lockdown is completely lifted. .Certain matters pertaining to Chhat Puja and the kind of processions that may be allowed for Chhat Puja celebrations will be considered on November 10, the Court added while observing that the State has sought time to consider its stance. .Read the order: