Firecracker ban not against any community, says Supreme Court

The apex court said the earlier ban order on firecrackers was passed after giving elaborate reasons

Just days before Diwali, the Supreme Court on Thursday said that the ban on firecrackers needs to be followed strictly as this was essential to protect the right to life.

The top court, at the same time, maintained that it was not against any festival.

"We don't want to come in the way of enjoyment but for it, one cannot play with fundamental rights of others," a bench presided over by Justice M R Shah said.

The court said that the authorities entrusted with the task to implement orders must show more responsibility. Diwali is going to be celebrated on November 4.

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The bench clarified that the court has not put a 100% ban on firecrackers and all crackers were not banned, but a celebration with firecrackers made from banned material should not be permitted.

"Can we say that enjoyment can be done at the cost of others' lives? Today also we can see that crackers are being sold in the market," the bench said, expressing its concern.

The court said that last time it had emphasised that there should be some accountability on behalf of those who had to implement the order.

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"We want full implementation of our orders. We are not against a particular community," the bench said, adding it wanted to send a strong message that it is there for the protection of fundamental rights of citizens.

"Under the guise of enjoyment you (manufacturers) cannot play with lives of citizens," the bench said.

The top court had on October 23, 2018, imposed a ban on the use of barium salt in firecrackers due to its deleterious effect.

On Thursday, the bench made the observations as a counsel in the matter mentioned about the ban of crackers in Delhi.

Also Read | States must comply with orders on crackers: SC

"We know what people of Delhi are suffering. We want the implementation of the court's orders," the bench said.

The court would continue to hear the case filed by Arjun Gopal in which it has sought reply from firecracker manufacturers, on a CBI preliminary enquiry report claiming manufacturers were using banned barium chemicals.

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