The Supreme Court on Wednesday refused permission to use barium nitrate in firecrackers, saying the celebrations cannot be staged at the cost of the lives of others.
The MR Shah and AS Bopanna Division Chamber observed, “We cannot celebrate at the cost of the lives of others. Where do we get that celebration can only come from loud crackers? The celebration can also come from Fuljhaddi etc. and doesn’t need loud crackers.
The Court noted that Senior Counsel Gopal Sankaranarayanan recorded an additional affidavit based on the CBI report and that what happened is indeed very disturbing.
Judge Shah found the response filed by the manufacturers surprising that “when they find out that they have purchased a huge amount of barium, it must be kept in stock, but not manufactured.”
Lead lawyer Dushyant Dave, representing the respondent association TANFAMA, asked the court to allow manufacturers to use only barium nitrite at this time. To which senior lawyer Gopal Sankaranarayanan replied that they cannot use any element of barium.
Senior lawyer Rajiv Dutta informed the court that the Ministry of Environment and Forests (MoEF) also filed a separate affidavit.
The Supreme Court went on to say, “We can order the seizure of the entire quantity purchased. He can’t be in godown too.
Dutta argued that court orders must be followed. But if someone has done something, don’t let the whole industry suffer.
Judge Shah said: “The Court is not opposed to celebration, but the Court cannot celebrate at the cost of the lives of others. Nowhere is it stated to celebrate the use of crackers that make loud noises. Barium salt or no barium salt, the major difficulty is that despite the ban on the manufacture and sale of common crackers, you can go to any state, city, or celebration, and see them. are still available in the market and are in use.
On Dushyant Dave’s submission regarding the authorization to use green crackers, Judge MR Shah said, “The difficulty is that under the banner of green crackers other prohibited items are being used.
The Respondents filed responses to the CBI Report.
Senior Counsel G. Sankarananyanan testified that the Applicant’s response has been filed. Some of the councils have received the answers.
The Supreme Court clearly said, “The court order on banning firecrackers should be followed by all states. Along with this, the court also told the firecracker companies that we will not even allow firecrackers made from banned materials in the warehouse. “
On September 29, the Supreme Court issued show cause notices to six firecracker makers based on a preliminary investigation report from CBI.
The Court said that the CBI’s report on the use of toxic chemicals in the production of firecrackers is very serious, while noting that there has been a violation of the Court’s orders on the use of barium and labeling of fireworks. The Chamber took note of the preliminary investigation report submitted by the Joint Director of the CBI in accordance with the Court’s previous instructions and the order dated March 3, 2020.
At the hearing, the Supreme Court said it would consider revoking the companies’ licenses. In this case, lawyer Aishwarya Bhati, on behalf of the CBI, asked the Supreme Court to hear the case on the basis of the report prepared after extensive research and to consider the matter for herself and to find the way forward.
The Chamber noted that the preliminary investigation report had been prepared on the basis of chemical analysis reports submitted by government laboratories and that there was therefore no reason to doubt its veracity. The court said, “Today we have cleared green firecrackers, and then the same firecrackers will come to the market.”
The court also noted that people with asthma and other illnesses suffer because of the firecrackers. People burn crackers at every festival, function and other people just keep getting excited. No one has to do anything.
The Tribunal also explained why FIRs and criminal proceedings should not be brought against manufacturers on the basis of CBI’s preliminary report.
Taking note of the situation report prepared by the Ministry of Environment and Forests, the highest court had ordered that a quality control system be installed in each firecracker factory.
It was also said that the responsibility for monitoring this system should be given to officers of the Petroleum and Explosive Safety Organization. The judiciary has ordered a cross-affidavit to be filed in the case, while entering it by October 26.