The Calcutta High Court on Friday ordered a complete ban on usage/sale of all kinds of firecrackers including green crackers throughout the State of West Bengal during the upcoming Diwali/Kali Puja festivities. Such an order on complete ban on firecrackers shall persist for all remaining festivities this year including Chhath Puja, Guru Nanak Jayanti, Christmas and New Year’s celebrations.

Only wax or oil based diyas permitted to be used. Police instructed to keep a strict vigil on use/sale of firecrackers, the Court instructed further.

A Division Bench comprising Justices Sabyasachi Bhattacharya and Aniruddha Roy was adjudicating upon a Public Interest Litigation (PIL) petition moved by environmental activist Roshni Ali seeking a ban on the sale and use of fire crackers during the upcoming festivities in order to safeguard people’s right to clean, healthy and breathable air, particularly in times of the vicious Covid-19 pandemic.

A Division Bench comprising Justices Sabyasachi Bhattacharya and Aniruddha Roy passed the order taking note of the difficulties in ascertaining whether only “green crackers” as permitted by the Supreme Court are being used.

“Keeping in mind the practical realities, we find that there is no mechanism in place to ascertain whether the crackers being sold/burst are only green crackers in compliance with the norms set in place by the relevant certifying body”.

The Court also observed that it would be an impossible task by police and law enforcement bodies to inspect firecrackers and the classification under which they are sold.

“That apart it would be an impossible task by police and law enforcement bodies to inspect classification of firecrackers under which they are sold…Laying the window open for green crackers to be used would positively entail abundant abuse”, the Court noted in the order.

“We can’t kill people by following judgements blindly“, the Bench remarked orally when it was pointed out that SC has allowed use of green crackers.

Case Title: Roshni Ali v. State of West Bengal

(Report is based on the oral pronouncement made in the Court. To to be updated when the full copy of the order is uploaded).