Read Time: 06 minutes

The Calcutta High Court observed on Wednesday that it is nearly impossible for the state police to inspect and ensure that only green crackers are burst during upcoming  Diwali festivities however it added that all necessary efforts must be made by the state to ensure only green crackers are used.

The observation comes in the wake of a Supreme Court order which set aside an earlier ruling of the Calcutta High Court wherein sale and use of all kinds of fire-crackers including green crackers had been banned.

Instead, the Supreme Court allowed only green crackers to be sold and used. The petitioner approached the Calcutta High Court in lieu of this Supreme Court order, asking the Court to disallow use of firecrackers in streets.

Advocate Rachit Lakhmani representing the petitioner stated that “the state cannot be expected to go around checking all this (that only green firecrackers are burst). Kindly salvage the situation. Kindly pass an order directing that there can be no firecrackers can be burst on pavements or streets."

Counsel for the respondent howeve stated that he has not been given an opportunity to respond to the said petition and is present on the basis of an oral intimation only.

The respodents further alleged that this has become ‘publicity interest litigation’. The counsel stated that the petitioner Roshni Ali is more interest in PR, “wherein she has been busy going on Facebook Live infront of the High Court.” The Counsel stated that the petitioner cannot become a celebrity by filing a litigation.

Acknowledging that the importance of maintaining a clean environment and clean air cannot be overstated, the court ordered the respondent to file affidavits within four weeks.

The Court further observed that it would be impossible for the state government to implement an order in 24 hours’ notice, and said, 

 “This Court is conscious of the fact that it is nearly impossible to inspect and ensure that green crackers are being used at every nook and corner of the city. Yet, all necessary efforts must be made by the state to ensure only green crackers are used.”

The Court observed that in consonance with the Supreme Court order only green crackers would be allowed to be sold and used. Further, QR codes by NEERI are available in green crackers boxes and can be scanned by mobiles, etc upon doing so the licenses would automatically appear on the screen. The court directed the authorities to make sure that the public at large is made aware of this.

The court also said in the course of the hearing that “A saint, Sadhguru has also said, let children light firecrackers, if you've to move in your vehicles for a while, please do so. This is because it sends out a message to the children, the public at large.”

It added that the Supreme Court itself has said that the right to a clean environment has to be balanced with the firecracker industry's needs.

Cause Title: Roshni Ali vs State of West Bengal & Ors.