[Diwali 2022] Only green firecrackers with QR code allowed: Calcutta High Court

Ahead of Diwali festivities this year, the Calcutta High Court has directed the West Bengal government and the Pollution Control Board to ensure that only green firecrackers with QR codes are sold in the State [Sabuj Mancha v. the State of West Bengal]..A Bench of Justices Apurba Sinha Ray and Joymalya Bagchi also directed the government to publish advertisements in newspapers and announcements on various platforms to spread awareness on the restrictions on the sale and bursting of crackers this festive season. "We hope and trust that the festival of lights does not become a cause for concern where the demon of pollution poisons our air and leads to irreparable damage to the health of the population at large," the Court said..The Court passed the directions while hearing a Public Interest Litigation (PIL) seeking a total ban on the sale of firecrackers in the State, claiming that the directions of the Supreme Court in the case of Arjun Gopal v. Union of India were flagrantly violated.The petitioner said that the authorities had not established a mechanism to ensure the sale and bursting of only green crackers, resulting in severe noise and air pollution in the previous years..However, the State objected to a complete ban, while highlighting that the Supreme Court had earlier set aside its order imposing a total ban on firecrackers.Further, the Pollution Control Board informed the Bench that it had issued directions permitting only the sale and bursting of green crackers in West Bengal on specified dates within a stipulated time frame.The State also said that the directions previously issued by the High Court and Supreme Court were duly implemented. .Therefore, while noting that the mechanism to determine which crackers could be treated as green crackers had already been spelt out by the top court in the case of Goutam Roy v State of West Bengal, the Bench passed additional directions to the State for better implementation.It was, however, clarified that these directions were illustrative and would be in addition to any other measures taken by the Pollution Control Board and the State..The directions issued are:"a) No firecrackers other than green crackers bearing QR Code would be sold in the Bazi-Bazar which is proposed to be held in Kolkata on and from 18.10.2022.b) State Pollution Control Board as well as the Commissioner of Police, Kolkata shall deploy appropriate number of personnel in the Bazi Bazar to ensure implementation of the aforesaid direction.c) The representatives of the State Pollution Control Board and the police personnel shall be at liberty to inspect the firecrackers which are sold at Bazi Bazar and the police personnel shall seize any banned firecrackers which are offered for sale in the bazar.d) Representatives of PESO/NEERI shall also be present at the Bazi Bazar and assist the Pollution Control Board/ police personnel to determine whether the firecrackers which are offered for sale bearing the requisite QR Code;e) Similar exercise shall be undertaken by Pollution Control Board and police authorities to prevent importation and sale of firecrackers other than green firecrackers bearing QR Code in any place in the State of West Bengal;f) All necessary steps shall be taken by the police authorities/PCB Officials to ensure only green crackers are burst during the festive season strictly in compliance with the directions of the Pollution Control Board vide Memo No. 321-3L/WPBE(VI)/2020 dated 26.10.2021.g) State Pollution Control Board and the State of West Bengal shall undertake public awareness measures including issuance of advertisements in newspapers, announcements on radio/ television/social media platforms etc. to spread awareness with regard to restrictions on sale and bursting of crackers during festive season and its beneficial impact on pollution and environment. It shall also make members of the public aware of the penal consequences arising from sale and bursting of banned crackers.".The Board as well as the State were asked to submit a report on the steps taken for strict implementation of the directions, and the case was listed for hearing one week after the vacation..The petitioner was represented by Advocates Tapan Kumar Mukherjee and Saheli Mukherjee while the respondents were represented by Advocates NC Bihani, PB Bihani, K Singh, Biswaroop Bhattacharyya, Mayuri Ghosh, Madhushri Dutta, Easha Manchanda, Arnab Sengupta and Debarshi Dhar..[Read Order]