The Supreme Court on Friday allowed the sale and use of green crackers for two hours in Telangana, where the state government had imposed a complete ban following an order from the High Court, NDTV reported.
A bench of Justices AM Khanwilkar and Sajiv Khanna delivered the judgement on a plea filed by the Telangana Fire Workers Dealers Association seeking a stay on the the High Court order, Bar and Bench reported.
The Telangana High Court on Thursday banned firecrackers in the state ahead of Diwali, given the ongoing coronavirus pandemic. The court also asked the state government to submit a report on November 19 on the measures taken to combat the spread of the virus, according to ANI.
The petition, filed by Advocate Somanadri Goud K, contended that the High Court directive was violative of the association members’ right to livelihood. The order was passed without making the association a party to the case, and without considering the impact it would have on the members engaged in manufacturing such products, the plea alleged.
As the ban was imposed just days ahead of Diwali, the association said it had led to “immense financial hardships” to its members, especially since firecrackers is a “seasonal business for which heavy investments have been made”.
“It is important to acknowledge the nexus between law and economics in current times wherein a balanced approach needs to adopted for balancing of the two rights available to the citizens under Articles 19(1)(g) and 21 of the Constitution of India,” the plea added.
In this context, the High Court order has failed to consider the “economic adversities that shall befall upon almost lakhs of people and their respective families who are directly and indirectly employed by the fireworks industry within the State of Telangana,” the petitioner said.
States and Union Territories, including New Delhi, Rajasthan, Odisha, West Bengal, Sikkim and Chandigarh, have imposed a total ban on the sale and use of firecrackers. Meanwhile, Jharkhand, Punjab and Andhra Pradesh have also allowed the bursting of green firecrackers for two hours on Diwali and other upcoming festivals.
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