The Supreme Court on Friday ordered all the States and Union Territories to ensure its directions banning use of Barium salts in fireworks was strictly complied with, clarifying that there was no total ban on use of firecrackers.
"Any lapse on the part of the State Governments/State Agencies and Union Territories shall be viewed very seriously," a bench of Justices M R Shah and A S Bopanna said.
The court passed its written order on an application in a pending petition filed by Arjun Gopal and others in 2015, just ahead of Diwali which witnesses large scale bursting of firecrackers across the country.
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The court warned that if it is found that any banned firecrackers are manufactured, sold and used in any particular area, the Chief Secretary of the concerned State, the Secretary (Homes), and the Commissioner of Police, District Superintendent of Police of the concerned area and the SHO/Police Officer in-charge of the concerned police station would be held personally liable.
"Nobody can be permitted to flout or disobey the directions issued by this court. Any wilful and deliberate disobedience shall have to be viewed very seriously," the bench added in its written order.
The court said it is unfortunate that there is a blatant violation of various directions issued since it was alleged that manufacture, sale and use of banned fireworks have been continued.
"Even 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," the bench said, citing a CBI report in this regard.
"The allegations, if found to be true, are very serious and cannot be tolerated," the bench said, adding it was the duty of all the states and agencies to see that the directions issued by it earlier were strictly complied with.
The court again stressed that under the guise of celebration, nobody can be permitted to infringe the right to health of the others, guaranteed under Article 21 of the Constitution and nobody can be permitted to play with the life of the others, more particularly the senior citizens and the children.