The Kerala High Court on Friday observed that it was high time that the State government banned the use of fireworks, involving explosive substances, and parading of elephants in connection with religious festivals and ceremonies.
Justice P. Ubaid made the observation while dismissing the bail petitions filed by 40 accused, including the Puttingal temple committee members, in the Paravur fireworks tragedy case. The court, however, granted bail to Jinju and Saleem, two other accused in the case.
The court pointed out that the State had developed a very unhealthy culture and practice that every religious festival or ceremony must be glamourised by fireworks and elephant parade.
Sufficient laws
The court added: “We have sufficient laws to ban or control the use of explosives and other substances in connection with festivals and ceremonies. It was not that we did not have sufficient laws. We have the Explosives Act, 1884, and the Rules framed thereunder to regulate and control the manufacture, possession, use, sale, transport, import and export of explosives. We have also the Explosive Substances Act, 1908 and the Rules framed thereunder to deal with crimes committed by means of explosive substances.”
Besides, there was a machinery under the law to regulate and control the use of explosives. “But the machinery or the officers functioning under the law do not have the guts, urge and commitment to enforce the laws. That is why this sort of calamities or massacre happens. Our civil services, including the police force, were to an extent maligned by political, communal, and other interests. Our bureaucracy required refinement. The political executive must be free from such remote-controlled influence and alien pressure. Had revenue officers and police officers in charge of the area had been stern and firm in the matter of enforcement of the law, this unfortunate tragedy would not have occurred, the court observed.
Effective probe
The court observed that the accused must continue in the custody for a proper and effective investigation. The question of releasing the accused could not be thought of till a substantial part of the investigation was over.
Releasing the two accused, the court said that these accused had no active or indirect role in causing the explosion. They had sold some substances to the contractors one or two months before the tragedy. There was nothing to show that the potassium chlorate used was sold by these accused.
