SC sets aside Calcutta HC order banning firecrackers in West Bengal

The Supreme Court has set aside the Calcutta High Court order putting a blanket ban on the sale, purchase and use of all kinds of firecrackers in West Bengal during Kali Puja, Diwali celebrations and some other festivities this year to check air pollution amid the Covid-19 pandemic.

A special Bench of Justices AM Khanwilkar and Ajay Rastogi remarked that the Supreme Court has already passed an order regulating the use of firecrackers, which use polluting materials. It said, "There cannot be a complete ban on firecrackers. Strengthen mechanism to supervise and implement (Supreme Court's earlier order)." Also read | Punjab Advocate General APS Deol resigns The Bench said its order would be applicable to all states uniformly and West Bengal cannot be an exception. The apex court termed the Calcutta High Court order as an "extreme order" and said it had taken a consistent view on the matter and restated its October 29, 2021, order which reiterated its October 2018 order that there was no total ban. In the order, the Bench said, "The state submits that officials are taking necessary steps to ensure that directions issued by this court (Supreme Court) are complied with in letter and spirit. We set aside the impugned order and permit any person interested to approach the High Court by placing all relevant materials." Also read | Electricity becomes Rs 3 per unit cheaper for all slabs in Punjab The top court was hearing an appeal against the Calcutta High Court's October 29 order banning the sale, purchase and use of all firecrackers in West Bengal this year. The appeal filed by the chairman of a West Bengal-based firecracker association and another such group stated that the High Court order was "patently erroneous" in holding a complete ban on firecrackers within West Bengal when the apex court has allowed the use of green firecrackers in permissible limit across all states. -PTC News