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Hearing a plea alleging the use of banned chemicals in firecrackers and mislabeling of products in violation of directions of the Supreme Court, the court today said, "We'll have to set up a liability on someone, otherwise this will not stop."

A divisional bench of Justice MR Shah and Justice AS Bopanna hearing the matter noted, "It is a problem in our country, we have laws but they are not implemented, we want that our orders must be implemented in true spirit."

The application has been filed in a pending public interest litigation (PIL) over the issue of pollution caused due to firecrackers and subsequent alarming degradation in the air quality.

Earlier, in March 2020 the court had noted that manufacturers are using the same chemicals which have been banned by the court under various orders. In addition, it said, the manufacturers are also not labeling their products as required by this court’s order.

In response to this, the court had earlier directed, "The Joint Director, Central Bureau of Investigation (CBI) at Chennai, is directed to make a detailed investigation regarding the alleged violation of this Court’s earlier orders by the aforesaid respondents-manufacturers by using the ingredients which have been banned and by mislabeling their products contrary to the directions of this court as stated in the instant application."

Today, Additional Solicitor General Aishwarya Bhati submitted that the CBI had completed its investigation and its report has been submitted in a sealed cover.

During the first half of the hearing, Justice Shah, unhappy with the counsels debating to argue said, "We don't want bursting of firecrackers in the courtroom, one by one we'll give opportunity. Otherwise, also I'm afraid of firecrackers."

Justice Shah further said that, "It is a problem in our country, we have laws but they are not implemented, we want that our orders must be implemented in true spirit."

Senior Advocate Gopal Sankaranarayanan submitted that various direction has been passed, one is that no dealer licenses will be given, the second was with reference to transport of Firecrackers. Sankaranarayanan further informed the Court that we ordered a box of firecrackers online and the box is just behind me.

He further added that more than 300 types of firecrackers were banned and they are still being sold.

Talking about ladi crackers, Justice Shah said, "Every day there is a violation, those 1000, 10000 ladis are fired in every religious event, marriages, we'll have to setup liability on someone. Otherwise, this will not stop."

The bench has posted the matter for further hearing tomorrow. 

Case Title: Arjun Gopal and Ors. Vs. Union of India and Ors.