The High Court of Karnataka on Friday directed the State government to take appropriate decision within three months on the pleas made by petitioners for imposing a complete ban on the sale and use of firecrackers in the State.
A Division Bench comprising Justice B.V. Nagarathna and Justice M.G. Uma issued the direction while disposing of the PIL petitions filed by A.S. Vishnu Bharath of Bengaluru and Samarpana, a social and cultural organisation.
Referring to apex court judgments on bursting of crackers, including the one that deals with firecrackers and religious rights, and noise and air pollution, the Bench said the government would have to take a decision on the petitioners’ plea for banning firecrackers by taking note of the apex court’s judgments and directions issued by the National Green Tribunal.
Though the Bench observed that protecting the health of citizens had become more important after encountering the COVID-19 pandemic, it said the High Court under the Article 226 of the Constitution cannot pass orders banning firecrackers as the powers to make such a decision vest with the government.
The petitions were filed in November 2020 seeking a complete ban on crackers and the court on November 13 specifically directed the government to strictly ensure that only ‘green firecrackers’, containing the distinct, green logo of CSIR–NEERI and PESO, and a quick response (QR) code on their packaging are sold across the State.
