Karnataka High Court seeks steps to enforce Supreme Court’s firecracker curbs

The Karnataka High Court has directed the State Government to submit, within three weeks, details of the measures taken to enforce the Supreme Court’s guidelines on the sale and use of firecrackers. The direction came after the court raised concerns over firecrackers being burst late into the night during festivals, despite restrictions on the permitted hours.

A division bench of Justice Anu Sivaraman and Justice K.S. Bharat Kumar observed that the prescribed 8 pm to 10 pm window for bursting firecrackers was not being strictly followed during celebrations. “Some timing has to be maintained,” the bench orally remarked while hearing a public interest litigation (PIL) filed by Vinod Jacob.

The court issued notices to the State Government and the Karnataka State Pollution Control Board (KSPCB). The matter has been listed for further hearing on December 9.

Petitioner flags violations across festivals

The PIL seeks strict implementation of the Supreme Court’s directions in the case of Arjun Gopal v. Union of India, which deal with the use of green firecrackers and restrictions on where and when fireworks can be burst.

The Supreme Court had allowed green firecrackers during a specified two-hour period on Diwali and issued separate directions regulating their use during other festivals. Jacob has asked the Karnataka authorities to ensure that fireworks are not burst on public roads, pedestrian pathways, traffic intersections or in silence zones.

The petition also calls for the identification, notification and monitoring of designated community grounds where permitted fireworks can be used. It seeks to ensure that only green firecrackers are sold in the state.

Among the other measures sought are the formation of flying squads and the deployment of enforcement personnel in every ward, particularly during festival seasons, to prevent violations.

Appearing for the petitioner, advocate Alwyn Sebastian told the court that the problem was not restricted to Diwali, even though the petition had been filed before the festival.

“We have noticed this happening during Ganesh Festival, during Dasara and even during Indian Premier League (IPL) game celebrations,” he submitted.

Non-green firecrackers remain easily available, court told

Sebastian also informed the bench that the KSPCB had issued circulars directing authorities to ensure strict compliance with the Supreme Court’s guidelines. However, he alleged that firecrackers continued to be burst on public roads, near hospitals and in silence zones.

He further argued that non-green firecrackers remained readily available in local markets, largely because they were cheaper than their green alternatives.

Taking note of these submissions, the bench stressed that the prescribed timings must be followed and sought a response from the State Government on the steps taken to implement the Supreme Court’s directions.

The State and the KSPCB have been asked to place the relevant details on record within three weeks. The case will next be heard on December 9.