The Calcutta High Court on Wednesday disposed of a petition seeking directions for the proper implementation of prior Supreme Court orders on the regulation of firecrackers during the upcoming festivals. This comes in the wake of the Supreme Court setting aside the order of the Calcutta High Court which imposed a complete ban of use of firecrackers in the State of West Bengal.
A Bench comprising Justices Rajasekhar Mantha and Kesang Doma Bhutia on Wednesday observed,
"This Court is conscious of the fact that it is not possible to inspect and ensure that green crackers are being used at every nook and corner of the State. However, all necessary efforts must be made by the State to ensure that only green crackers are used and the sincerity of the State would be reflected in enforcement mechanism"
The Bench further noted that the West Bengal Pollution Control Board appear to have specified timings for the use of firecrackers on festival days. It was further taken into consideration that the State had further issued directions for the use and manufacture of only 'green crackers' as per the Supreme Court order in Arjun Gopal v. Union of India.
The petition had been moved by the original petitioner i.e. environmental activist Roshni Ali on whose Public Interest Litigation (PIL) a division Bench comprising Justices Sabyasachi Bhattacharya and Aniruddha Roy had imposed a complete ban on the usage and sale of all kinds of firecrackers including green crackers throughout the State of West Bengal during the upcoming festivals this year. Thereafter, the Supreme Court had set aside the impugned order of the High Court and had instead allowed the use and manufacture of only 'green crackers' in the State of West Bengal. However, leave had been granted to the petitioner to approach the High Court seeking further directions.
The Court on Wednesday however granted leave to the petitioner to file a fresh writ petition seeking further directions to ensure compliance.