The Supreme Court today said that firecrackers and those fireworks which contain Barium salts are prohibited across the country.
A bench of Justice M R Shah and Justice A S Bopanna said that no authority can be permitted to violate the directions issued by it and allow banned firecrackers in the guise of celebration.
The apex court asserted that celebration cannot be at the cost of the other’s health.
“Under the guise of celebration, nobody can be permitted to infringe the right to health of others, guaranteed under Article 21 of the Constitution of India and nobody can be allowed to play with the life of the others, more particularly the senior citizens and the children”, it said.
“It is made clear that there is no total ban on use of firecrackers. Only those firecrackers are banned which are found to be injurious to health and affecting the health of the citizens, more particularly the senior citizens and the children”, the bench said.
It further noted that under the guise of ‘green crackers’ banned chemicals firecrackers are being sold and there is a mislabelling on the boxes and even the QR codes provided on the boxes of ‘green crackers’ are alleged to be fake.
“There is a report submitted by the CBI submitted pursuant to the earlier directions/orders passed by this Court and it prima facie appears that there is a blatant violation of the directions issued by this Court by the respective manufacturers and the banned firecrackers are being sold and used in the markets. The allegations, if found to be true, are very serious and cannot be tolerated,” the apex court said.
The court reiterated the directions issued by it earlier including banning the use of Barium Salts in the firecrackers and manufacturing and selling joined firecrackers. “Court had an occasion to consider the prayer made on behalf of the Fireworks Manufacturers to permit manufacture of fireworks With Barium substitute, i.e, Barium Nitrate. However, the same has not been Permitted till date and use of Barium Salts in the fireworks is continued to be Banned”, it said.
It directed all the states/Union Territories to see that the directions issued earlier by it as also today are strictly complied with in true spirit and in toto.
“Any lapse on the part of the State Governments/ State Agencies and UTs shall be viewed very seriously and if it is found that any banned firecrackers are manufactured, sold and used in any particular area, the Chief Secretary of the concerned State(s), the Secretary (Homes) of the concerned State(s) and the Commissioner of Police and DSP of the concerned area and the SHO/Police Officer in-charge of the concerned police station shall be held personally liable,” the bench said.
Nobody can be permitted to flout and disobey the directions issued by the top court, it said, adding that any wilful and deliberate disobedience shall have to be viewed very seriously.
