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The Supreme Court has today reiterated the earlier imposed ban on firecrackers stating that everybody including the implementing agencies is bound to see that the directions issued by the Courts are implemented and followed in its true spirit and in toto.
A divisional bench of Justice MR Shah and Justice AS Bopanna said "No authority can be permitted the violation of the directions issued by this Court and permit banned firecrackers under the guise of celebration. Celebration cannot be at the cost of the other’s health."
The bench has passed the order in an application seeking direction to ban the sale, purchase and use of firecrackers in India along with the direction to the State Governments and police to take immediate appropriate steps against anyone seeking to manufacture, sell or purchase firecrackers.
However, the bench has clarified that "there is no total ban on use of firecrackers. Only those firecrackers are banned, as directed hereinabove, which are found to be injurious to health and affecting the health of the citizens, more particularly the senior citizens and the children."
The bench further penned that "we again reiterate the directions issued by this Court earlier reproduced hereinabove including banning the use of Barium Salts in the firecrackers and manufacturing and selling joined firecrackers and other directions issued by this Court reproduced hereinabove."
The Court has also directed that any lapse on the part of the State Governments, State Agencies and Union Territories shall be viewed very seriously and if it is found that any banned firecrackers are manufactured, sold, and used in any particular area, the Chief Secretary of the concerned State(s), the Secretary (Homes) of the concerned State(s) and the Commissioner of Police of the concerned area, District Superintendent of Police of the concerned area and the SHO/Police Officer-in-charge of the concerned police station shall be held personally liable.
In addition to this the Court has also directed all the States and Union Territories to give due publicity through electronic media/print media/local cable services to make the people aware and know the directions issued by this Court
Case Title:Arjun Gopal and Ors Vs. Union of India and Ors.
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