The Calcutta High Court ordered on Friday a blanket ban on the sale and use of firecrackers during the upcoming festivities of Diwali, Kali Puja, Chhath Puja, Christmas or New Years as a result of Covid-19.

After confiscating crackers, justices Sabyasachi Bhattacharyya and Aniruddha Roy directed the police to initiate legal action against anyone found in violation of the ban.

According to the order, the court has reimposed the ban on firecrackers, which it ordered in 2020. Therefore, this order nullifies West Bengal Pollution Control Board's recent notification allowing the use of "green" firecrackers for a limited period of time during Diwali and Kali puja.

The order, dated 26 October, had also noted that the "air quality in Kolkata and districts were at moderate/ satisfactory levels till third week of October".

"The authorities have been asked to implement the order and take action against anyone flouting it. Our teams will be monitoring the situation with active support of the police," WBPCB chairman Kalyan Rudra said on Wednesday.

Prior to this, the Supreme Court dispelled the notion that it was dictating against a particular group or community by banning firecrackers and said it could not tolerate the violation of rights under the guise of enjoying oneself.

As a result, Justices MR Shah and AS Bopanna have made it clear that they want full implementation of their orders to send a strong message that they are here to protect people's rights and may order the CBI to investigate those manufacturers selling fake green crackers.

"Under the guise of enjoyment, you (manufacturers) cannot play with the lives of citizens. We are not against a particular community. We want to send a strong message that we are here for the protection of fundamental rights of citizens," the bench said.

The apex court said the earlier ban order on firecrackers was passed after giving elaborate reasons.

"All firecrackers were not banned. It was in the larger public interest. There is a particular impression being created. It should not be projected that it was banned for a particular purpose. Last time we said that we weren't coming in the way of enjoyment but we cannot come in the way of fundamental rights of people," the bench said.

Firecracker manufacturers are using banned materials under the guise of green crackers, the top court said earlier, and reiterated that it had ordered every state to comply with its earlier order banning joint crackers. The bench has stated that it is not opposed to the celebrations, but not at the cost of other citizens' lives.

Besides the use of loud crackers, the apex court said celebration can also be from the use of "Fuljhaddi" or other non-loud activities. Six manufacturers had been ordered to show cause why they should not be punished.

Image source: Times of India