Use of fireworks beyond the prescribed time frame will be visited with strict penal action, the HC observed
Subhashish Mohanty, Bhubaneswar: The Orissa High Court on Monday granted permission for the sale and bursting of green crackers in the state during the Diwali festival on November 4.
However, it restricted the bursting of crackers for two hours on Diwali from 8pm-10pm. Use of fireworks beyond the prescribed time frame will be visited with strict penal action, the court observed.
While granting its permission, the high court has made it clear that all the green crackers that will be sold and burst must have conformed to the definition and formulation as proposed by CSIR-NEERI (CSIR-National Environmental Engineering Research Institute).
The order came in response to a petition filed by the All Odisha Fireworks Dealers Association that had knocked the door of the court seeking permission for sale of green crackers in Odisha on Diwali.
On September 30, the Odisha government ordered a complete ban on sale and use of firecrackers citing the spread of Covid-19 cases in the state.
The court further said that only those traders and dealers who obtain and produce a certificate from the Petroleum and Explosives Safety Organisation (PESO), after due inspection of their existing stock, certifying that the green fireworks stocks in their possession CSIR-NEERI and are genuine will be allowed to sell their products.
Traders and dealers who fail to obtain and produce the certificate from PESO shall not be allowed to sell their products, the court said. It has also said that only those retailers who obtain a licence from the authorities under the provisions of the Indian Explosive Act, 1884 shall be allowed to sell green fireworks.
“Retailers shall be allowed to set up shops and sell green fireworks only in special zones designated by the respective district administrations and police commissionerate. Green fireworks shall only be sold at designated sites and all Covid-19 protocols shall be strictly followed. Sale of fireworks on the internet shall be strictly banned,” the court observed.
The district administrations and police commissionerate will ensure full and complete compliance of the orders through proper verification of the documents and ensure no spurious, unauthorised and banned fire crackers are sold anywhere within their jurisdiction, the court said.
“The local officers shall be personally liable for violations of the orders of Apex Court National Green Tribunal and High Court of Orissa,” it observed.
