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Supreme Court to hear on Monday, firecracker manufacturers challenge to the Calcutta High Court order imposing a complete ban on sale and use of firecrackers, including the green crackers.

The challenge has come after a division bench of the Calcutta High Court comprising Justices Sabyasachi Bhattacharya and Aniruddha Roy ordered 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 Diwali/ Kali Puja festivities.

A divisional bench of Justice AM Khanwilkar and Justice Ajay Rastogi is scheduled to hear the matter at 11:00 PM on Monday.

The petition has been filed by Chairman of an unregistered firecracker association Sara Bangla Atasbazi Unnayan Samity stating that the ban has been imposed despite the fact that the National Green Tribunal has already determined the issues pertaining to banning of fire crackers.

In addition to this the association has already relied on the recent order of the Supreme Court in the case of Arjun Gopal and Others vs. Union of India & Others dated October 29, 2021 laying down norms as to use and manufacture of green firecrackers in a controlled manner.

A divisional bench of the apex court had clarified that "there is no total ban on use of firecrackers. Only those firecrackers are banned, as directed hereinabove, which are found to be injurious to health and affecting the health of the citizens, more particularly the senior citizens and the children."

On the issue of green crackers the Calcutta High Court noted that:

"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."

Thus the High Court put a blanket ban on bursting of all fire-crackers during Diwali/Kali Puja Chhath Puja, Guru Nanak Jayanti, Christmas and New Year's celebrations.

Whereas, the Association has contended that the High Court has "erroneously observed that it would be an impossible task for the police and/or law enforcement agencies to ascertain the veracity of the certificates of the crackers which are being used by the general public at the time of these festivals, irrespective of the classification under which they are sold."

The petition has further contended that "keeping in view the air quality index and other factors has laid down directions from time to time that only green and chemical free firecrackers are allowed to be manufactured and sold keeping into account the prescribed standards of the Petroleum and Explosives Safety Organisation (PESO)"

In addition to this the association has also submitted that the Supreme Court, "has also established the necessity of adopting a balanced approach and allowing the use of Green firecrackers that reduce emission by 25-30%."

Case Title: Goutam Roy & Anr. Vs. State of West Bengal & Ors.