Only green fireworks for two hours on Diwali: Orissa High Court disposes of plea after SRC order

The Orissa High Court on Monday disposed of a plea after the Special Relief Commissioner (SRC) passed directions in accordance with the recent Supreme Court order that reiterated the ban on barium salts in firecrackers (All Odisha Fireworks Dealers Association v. Union of India)..The plea was filed by an association of thirty Odisha dealers engaged in the business of selling firecrackers. The challenge was against an order of the SRC dated September 30 passed in light of the COVID-19 that, “with a view to protecting the health of the general public and to curb the spread of infection, sale and use of fire crackers shall remain prohibited during this festive month.”.A Bench of Chief Justice S Muralidhar and Justice BP Routray reproduced the relevant portion of the apex court's judgment by which states and union territories were asked to give publicity and make people aware of the Court’s direction banning certain firecrackers..In light of the order, the SRC had modified its directions and instead of imposing a complete ban for the month of November, allowed the sale and use of green crackers only. The sale and use of any other kind of crackers, including laris or series crackers, remained completely banned..Further, it was directed that the use of firecrackers will remain limited to the two hours between 8PM and 10PM on Diwali and any use beyond this time would attract penal action..The detailed directions issued by the SRC are:“A. Sale and use of fireworks shall be limited to only “green fireworks” that conform to the definition and formulation as proposed by CSIR-NEERI.B. Sale and use of other fireworks shall be completely banned. Sale and use of joined firecrackers (series crackers or laris) shall also remain banned.C. Only those traders/dealers who obtain and produce a certificate from the PESO, after due inspection of their existing stock, certifying that the green fireworks stocks in their possession conform to the definition and formulation proposed by CSIR-NEERI and are genuine shall be allowed to sell their products.D. Authenticated copy of the PESO certificate granted after due inspection of existing stocks lying in possession of the traders/dealers shall be deposited with the District Administration/Police Commissioner for getting permission to sell the green fireworks.E. Traders/dealers who fail to obtain and produce the certificate from PESO shall not be allowed to sell their products, keeping the “precautionary principle” in mind. Mere labeling of fireworks boxes as “green fireworks” and providing QR codes shall not entitle any trader/dealer to sell the same.F. Only those retailers who obtain a license from the concerned authorities under the provisions of the Indian Explosive Act, 1884 shall be allowed to sell green fireworks.G. Retailers shall be allowed to set up shops and sell green fireworks only in special zones designated by the respective District Administrations/Police Commissionerate.H. Green fireworks shall only be sold at designated sites and all COVID-19 protocols shall be strictly followed. Sale of Fireworks on the internet shall be strictly banned.I. Wholesale Traders and Retailers shall have to produce original invoices on demand by the District Administration/Police Commissionerate.J. The use of fireworks shall be limited to 8:00 pm to 10:00 pm on Diwali day, i.e., 04.11.2021 only. Use of fireworks beyond the said time frame shall be visited with strict penal action.K. Violation of any of the aforesaid conditions shall be dealt with strictly and penal action shall be taken in accordance with law.L. The District Administration/Police Commissionerate is directed to ensure strict compliance with the above conditions.M. The District Administration/Police Commissionerate shall ensure full & complete compliance of the orders above through proper verification of the documents as mentioned supra and proper enforcement so as to ensure no spurious/unauthorized/banned fire crackers are sold anywhere within their jurisdiction. Further, the local officers shall be personally liable for violations of the orders of Hon’ble Apex Court, Hon’ble National Green Tribunal and Hon’ble High Court of Odisha.”.Observing that no further directions were called for in the petition, the Bench disposed of the same..Senior Advocate Gautam Mukherji and Advocates M Wright and Ankita Mukherji appeared for the petitioners..[Read Order Here]