The Supreme Court on Friday said Chief Secretaries, top administrative and police officials will be held personally liable if banned varieties of firecrackers are found to be used in any of the States.
“Celebration cannot be at the cost of others’ health… Nobody can be permitted to play with the life of others, more particularly that of senior citizens and children,” a Bench of Justices M.R. Shah and A.S. Bopanna underscored.
The order is significant coming just days before the Deepavali celebrations.
“Any lapse on the part of the State Governments/State Agencies and Union Territories shall be viewed very seriously. If it is found that any banned firecrackers are manufactured, sold and used in any particular area, the Chief Secretary of the State(s), the 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 shall be held personally liable,” the apex court ordered.
The court said nobody, however high, should be permitted to flout the directions of the Supreme Court.
“Any wilful and deliberate disobedience shall have to be viewed very seriously,” the Supreme Court emphasised in the 19-page order.
The order came in a plea, represented by senior advocate Gopal Sankaranarayanan, that manufacturers were blatantly flouting the court’s ban on using toxic chemicals like Barium salts in firecrackers. The court had allowed the use of ‘green’ or environment-friendly crackers made without toxic ingredients.
The court said an equal blame should lie on the authorities who turn a blind eye to the violation of the law. Justice Shah said how ‘joined firecrackers’, a product banned by the court, could be found displayed in market stalls and celebrations.
“The manufacturing, selling and using of joined firecrackers have continued in blatant violation of the directions issued by this court. It is reported that even under the guise of ‘green crackers’, firecrackers made of banned chemicals are sold. There is mislabelling on the boxes. Even the QR codes provided on the boxes of ‘green crackers’ are alleged to be fake,” the court referred to a CBI report about the violations.
The court however made it clear there was 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 citizens,” it clarified. eom
