The Supreme Court on Monday set aside the Calcutta High Court order banning firecrackers during Kali Puja, Diwali and other festivals this year to check air pollution amid the Covid-19 pandemic. The SC clarified “there can’t be a complete ban on crackers” and allowed green and low emission crackers subject to air quality decided by pollution control boards.
The special bench of justices AM Khanwilkar and Ajay Rastogi also observed that the State Government and State Pollution Control Board have to be heard in passing such orders, while quashing the High Court’s blanket ban on crackers on October 29.
The SC asked the West Bengal Government to explore the possibility to ensure that banned firecrackers and related items are not imported in the State. “State and Pollution Control Board will have to be heard if any order is to be passed,” said the vacation bench said during the hearing conducted through videoconferencing.
“It appears that advance copy has already been served on the standing counsel for the State of West Bengal as well as the pollution control board.
However, no appearance is made on their behalf. We permit the counsel for the petitioners to intimate the standing counsel for Bengal as well as the West Bengal Pollution Control Board, if any, that the matter will be taken up at 3 pm through video-conference and to make themselves available with appropriate instructions,” the bench said.
Meanwhile, Delhi High Court, while hearing on the ban on sale crackers in Delhi, told the petitioners to approach NGT or the SC which is already seized with the matter.
“Please go to the Supreme Court. Supreme Court is already looking into the issue today. Seek a clarification. (High court is the) Wrong forum. Inform NGT. They are a specialised body,” said Justice Sanjeev Sachdeva.
The Tamil Nadu Government on Monday made it clear only green crackers will be allowed to be burst on Deepavali on November 4 in the State and announced time slots of two hours to light firecrackers in line with the Supreme Court directive. The Government also urged the citizens to avoid bursting of joined (serial) fire crackers “which create huge noise pollution.” “Only green crackers shall be used between 6 AM and 7 AM and from 7 PM to 8 PM on Deepavali,” a press release from the Environment, Climate Change and Forest Department of Tamil Nadu.