If Banned Firecrackers Found To Be Made Or Used, Authorities Will Liable: SC

The Supreme Court ruled that Chief Secretaries, top administrative and police officials would be held personally accountable if prohibited firecrackers are detected in any of the states.

“Celebration cannot come at a price of other people’s health, Nobody may be allowed to toy with the lives of others, especially old folks and children”

Bench of Justices M.R. Shah and A.S. Bopanna
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Nobody, no matter how high, the court declared, should be allowed to defy the Supreme Court’s orders.

Any failure on the side of State Governments/State Agencies and Union Territories would be taken very severely.” If any prohibited firecrackers are found to be manufactured, sold, or used in any particular area, the Chief Secretary of the State(s), Secretary (Home) of the State(s), and the Commissioner of Police of the area, District Superintendent of Police of the area, and the SHO/Police Officer in-charge of the police station will be held personally liable

Supreme Court stated

The judgement came in response to a petition filed by prominent counsel Gopal Sankaranarayanan, who claimed that producers were flagrantly violating the court’s restriction on using dangerous substances such as barium salts in firecrackers. The court had permitted the use of “green” or “environmentally friendly” crackers prepared without hazardous chemicals.

“Any intentional and purposeful disobedience must be taken extremely seriously,” the Supreme Court stated in the 19-page judgement.
According to the court, officials that turn a blind eye to the breach of the law should have equal responsibility. Justice Shah described how ‘joined firecrackers,’ a product prohibited by the court, could be found on market booths and at festivities.

The production, marketing, and use of linked firecrackers has persisted in flagrant defiance of the court’s orders.” It has been alleged that firecrackers containing illegal substances are distributed under the pretext of ‘green crackers.’ The boxes have incorrect labelling. Even the QR codes on the boxes of ‘green crackers’ are believed to be bogus

Court said, referring to a CBI report on the infractions.

The court, however, made it plain that there was no blanket prohibition on the usage of firecrackers. “Only those firecrackers that have been proved to be detrimental to health and damaging the health of individuals are banned,” it emphasised.

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