Calcutta High Court’s ban on firecrackers: SC says WB govt, pollution board need to be heard

New Delhi, November 1

The Supreme Court on Monday said the West Bengal government and the state pollution control board would have to be heard if any order is to be passed on pleas against the Calcutta High Court order banning firecrackers during Kali Puja, Diwali and some other festivals this year to check air pollution amid the Covid pandemic.

The high court on October 29 had banned sale, use and purchase of all types of firecrackers in the state.

A special bench of Justices AM Khanwilkar and Ajay Rastogi told the counsel appearing for the petitioners to intimate advocates representing the state and the West Bengal pollution control board that the matter would be taken up for hearing at 3 pm on Monday.

The counsel appearing for the petitioners told the bench, which assembled during the Diwali vacation to hear the matter, that they had served through e-mail the advance copies of the plea to the lawyers appearing for the respondents, including the state government and the pollution control board.

“State and pollution control board will have to be heard if any order is to be passed,” the bench said during the hearing conducted through video-conferencing.

“It appears that advance copy has already been served on the standing counsel for the state of West Bengal as well as the pollution control board. However, no appearance is made on their behalf. We permit the counsel for the petitioners to intimate the standing counsel for the state of West Bengal as well as the West Bengal Pollution Control Board, if any, that the matter will be taken up at 3 pm through video-conference and to make themselves available with appropriate instructions,” the bench said.

At the outset, the bench asked the counsel representing the petitioners whether they had served the advance copy of the pleas to the respondents.

“Yes. We have served everyone through e-mail,” the counsel said.

A lawyer, representing the petitioners on whose plea the high court had passed the October 29 order, said they are opposing the plea challenging the high court order. PTI