A vacation division bench of Calcutta High Court headed by Justice Biswajit Basu on Thursday directed the state government to inform the court within the next three weeks about the steps taken to implement the court-framed 2019 guidelines on the sale and use of firecrackers during Diwali.
“The court has experienced that each year the state issues guidelines regarding the use and sale of firecrackers. But it fails to take proper steps to combat the violations of the norm. This time, the court wants guidelines to be followed properly,” Justice Basu said.
The judge added: “The state will have to take every possible step to stop the use of banned firecrackers, which exceed national sound norms. Merely issuing a guideline will not do.”
The remarks came during the hearing of a public interest litigation (PIL) related to the use and sale of banned firecrackers.
In 2019, Calcutta High Court had issued directives in line with a Supreme Court order, which partially restricted the use of firecrackers. The guidelines allowed only green crackers to be used between 8pm and 10pm on Diwali and a few other specific festivals.
During Thursday’s hearing, Justice Basu asked the state counsel what measures the government had taken for this year’s Diwali.
The counsel informed the court that chief secretary Manoj Pant had issued a circular on September 23, instructing all concerned to strictly follow the 2019 guidelines during this Puja season.
Justice Basu then asked whether the chief secretary had taken any further steps. When the counsel replied he was unaware, the judge made the remarks and asked him to contact the chief secretary and return with the necessary information in 30 minutes.
After the break, the lawyer told the court that the chief secretary’s circular had
been sent to all districts.
“Now the district administration will have to take steps against those found violating the guidelines,” the counsel said.
The judge then asked about the role of the West Bengal Pollution Control Board in the matter. The counsel said the board should be included in the case.
The bench directed the state to file a report within three weeks detailing the steps taken to enforce the 2019 guidelines. Justice Basu added: “The PCB should be more active in the issue.”