State moves Kerala High Court against order barring firecrackers; says fireworks essential to religious festivals

The Kerala government has filed an appeal before the Kerala High Court challenging a recent order of a single-judge of the High Court which directed the government to conduct raids at all religious places to seize illegal firecrackers [State of Kerala v. Binoj KB & Ors.].The appeal filed by the State said that fireworks are essential to many religious festivals in the State and has been prevalent since times immemorial. The order under challenge was passed on November 3 by Justice Amit Rawal. The single-judge had also said no crackers shall be burst in religious places at odd times and that there is no commandment in any of the holy books to burst crackers to please God.“I thus direct the Deputy Collector with the assistance of the Commissioner of Police, Cochin, and other districts, to conduct raids in all religious places and take into possession of the crackers illegally stored in all religious places and issue instructions that henceforth onwards no crackers shall be burst in religious places at odd time as prima facie there is no commandment in any of the holy books to burst crackers for pleasing the God,” the single-judge's order stated. .In its appeal against this order, the State government submitted that the order was passed on a petition that did not even seek such a direction from the Court. The State submitted that the direction of the single-judge is an omnibus direction and one that was not warranted by any factual or legal circumstances. The order was also not preceded by any finding to the effect that crackers were being illegally stored in religious places, nor were their any pleadings to that effect, the appeal stated. The State government has also taken issue with the singe-judge's observation that there is no commandment in any holy book to burst crackers to please god. In this regard, it was contended that the observation was made without any inquiry into whether there is any such custom/tradition or whether it is an essential religious practice."There are many a religious festival/event in the State, wherein the display of fireworks is an essential part of and have been carried out since time immemorial. These festivals, apart from being socio-religious events, result in a conglomeration of residents of the State cutting across class, creed, community and religion thereby enriching the secular fabric and multi cultural environment of the State and also attracts local, national and international tourists in large numbers," the appeal stated..It was also pointed out that the single-judge's order ignored certain binding precedents regarding what kinds of bans can be imposed on bursting firecrackers. .On these, among other grounds, the State government has requested that the single-judge's order be set aside..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.