An explosive issue

Citing the SC order, various High Courts are delivering different judgments on cracker use

Not a day passes without either a High Court or the Supreme Court passing an order about the use of crackers for Diwali. Yet, the confusion around the issue has not reduced an inch. Citing the apex court’s orders, the High Courts are passing their orders depending on their understanding of them. The Odisha High Court has allowed green crackers to be sold ahead of Diwali, provided they are burnt only for two hours after 8 pm. The order was passed after the Odisha Government banned all crackers citing health reasons. In contrast, the Calcutta High Court imposed a complete ban on the sale and use of all crackers. It reasoned that there was no way to establish that only green crackers would be sold and burnt. The court’s blanket ban extended right up to the new year celebrations. The Supreme Court was forced to intervene, calling it an “extreme order” and set aside the total ban. The court said the High Court’s apprehension was “unfounded” and that even then, it should have first explained to the parties the aspects “weighing with it requiring such an extreme order”. The apex court clarified once again that the use of green crackers and improved crackers with reduced emissions are permitted. Despite that, the Delhi Government has banned all crackers, even green ones, till the new year, on account of severe pollution in the national Capital.

The Delhi High Court refused to grant any relief to the cracker traders, saying both the Supreme Court and the National Green Tribunal are not permitting their sale in Delhi. The traders were asking the High Court for permission to sell their stock for use outside Delhi where there was no ban. It is high time that the Supreme Court intervened suo motu and put an end to all this confusion. The root of the problem is with green crackers. The Supreme Court earlier specified that crackers with low emissions and without using dangerous chemicals can be used for Diwali. The question is, who will decide what a green cracker is? Who will identify the genuine brands among thousands of them in the country? As it is, there are complaints that many brands may be fake. There is no nodal national agency drawing up the list of genuine green crackers and the Governments allowing their sale. There is no attempt to tell the people through mass media campaigns about such brands. The Supreme Court said the modalities should be handled by the executive. “What are the practical difficulties is also for the executive to decide,” it said. Secondly, in a separate case on October 29, the apex court said that top administrative and police officers would be personally liable if banned varieties of crackers are found to be used in any of the States. It is not known if the Government, at the Centre or in the States, has taken note.

Source:The Pioneer