Urging for the implementation of the green cracker code, the Supreme Court on Tuesday said it cannot infringe upon the right to life of other citizens “under the guise of employment of few” while considering a ban on firecrackers.
A bench of Justices M R Shah and A S Bopanna said its prime focus is the right to life of innocent citizens. “We have to strike the balance between employment, unemployment and the right to life of the citizen. Under the guise of employment of few we cannot permit others to infringe the right to life of other citizens.
“Our prime focus is the right to life of innocent citizens. If we find green crackers are there and accepted by the committee of experts we will pass suitable orders,” the bench said, adding that in our country, the main difficulty is implementation. “Laws are there but ultimately implementation has to be there. Our order should be implemented in true spirit,” the bench said.
Senior advocate
Atmaram Nadkarni, appearing for manufacturers’ association of firecrackers, said that Diwali is approaching on November 4 and they want Petroleum and Explosives Safety Organisation (PESO) to take a decision on the issue of firecrackers. He said the Government should decide the matter as lakhs of people are unemployed in the industry. The senior advocate said contempt must be heard and taken to a logical end but the plight of lakhs of people who are working in the industry should also be looked into.
Senior advocate Gopal Sankaranarayanan, appearing for the petitioner Arjun Gopal, said a series of orders has been passed by the top court and directions have been given that PESO will give final clearance to firecrackers which are safe. When Nadkarni interrupted Sankaranarayanan, the bench in a lighter vein said, “We don’t want any bursting of crackers in the courtroom. Everybody will get a chance. Also, I’m afraid of firecrackers.”
Additional Solicitor General Aishwarya Bhati, appearing for the Ministry of Environment and Forests, said an affidavit was filed by the ministry in October 2020 and if the top court takes note of it all the interim applications will be covered in that. All the experts have come together and suggested formulations on the issue of green crackers.