‘Is state at all interested in putting a ban on firecrackers?’: HC raps Bengal govt ahead of Diwali

The HC’s recent remarks were in response to a Public Interest Litigation filed by environmental group Sabuj Mancha, seeking restrictions on firecrackers beyond green ones.
During the hearing on Thursday, the division bench of Justice Biswajit Basu and Justice Ajay Kumar Gupta observed, “Is the state at all interested in putting a ban on firecrackers or not?”

The court stated that it is the duty of West Bengal Pollution Control Board (PCB) to ascertain the air quality pre and post Diwali.

“Does the PCB have any team to do an inspection of the quality of the crackers in the Bazi Bazar? PCB has the duty to ascertain the air quality pre and post Diwali and file a report on the next date. If the PCB does not get cooperation from the state, the court should be informed.”

“We want implementation. Since 2021 everyone is waiting…” stated the court.

In response, Government Pleader Amitabrata Roy submitted: “On September 23, a meeting was held in the Chief Secretary chamber… and mail was sent to all districts to comply with the court order. The Kolkata police will soon issue a notification.”

Observing that the “ Bazi Bazar is already set up”, the court stated: “There must be a guideline regarding what crackers are available”.

“What steps were taken after the meeting. Resolution was taken in September…a decision taken that licence would be verified by the local district authorities. You have set up your own guideline and today you are in the dark,” the court told the state.

“ There is a point that 160 persons will be taken for training… has that been done or not. We will presume that the state is not interested in preventing the use of illegal firecrackers,” stated the court.

In the September meeting, the Chief Secretary decided that districts will finalise 160 trainees for CSIR-NEERI (Council of Scientific & Industrial Research-National Environmental Engineering Research Institute)’s training on green firecracker manufacturing.

It was also decided that to verify the authenticity of green fire cracker manufacturers, a list of 228 manufacturers registered with CSIR- NEERI will be provided to all the district magistrates and police commissionerates.

The matter will be next heard three weeks after the Puja vacations end.

The Supreme Court on Wednesday relaxed the total ban on firecrackers in the Delhi-NCR area and allowed the sale of green crackers approved by the National Environmental Engineering Research Institute (NEERI) from October 18 to October 20

Earlier orders

In 2021, the West Bengal Pollution Board had passed an order stating that there shall be a complete ban on the sale and bursting of all kinds of firecrackers, except green crackers in West Bengal, till further orders.

According to the said order, “only green crackers shall be sold” and bursting of such crackers shall be allowed “for (I) two hours during Deepawali, from 8 to 10 pm (II) two hours during Chhath Puja, from 6 to 8 am (III) 35 minutes during Christmas and New years eve from 11.55 pm to 12.30 am”.

The DM and the police commissioner “are to implement the orders and a daily action taken report to be filed to the West Bengal Pollution Control Board”.

Last year, Justice Joymalya Bagchi, part of the HC Division Bench, had ordered that “no firecrackers other than green crackers bearing QR Code would be sold in the Bazi Bazar”.

The PCB as well as the Kolkata Commissioner of Police shall deploy an appropriate number of personnel in the Bazi Bazar to ensure implementation of the aforesaid direction.

The representatives of the PCB and the police personnel shall be at liberty to inspect the firecrackers being sold at Bazi Bazar and seize the banned firecrackers, according to the order.

Representatives of PESO (Petroleum and Explosives Safety Organisation) and NEERI shall also be present at the Bazi Bazar and assist the PCB/ police to determine if the firecrackers on sale have the requisite QR Code. PCB and West Bengal shall undertake public awareness measures, including issuance of advertisements on radio/newspapers, television/social media platforms announcements etc.

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