The Haryana Disaster Management Authority has placed a blanket ban on all types of firecrackers under Section 144 of the Code of Criminal Procedure (CrPC) across the State’s 14 districts that fall within the NCR during the upcoming Diwali celebrations on November 4. The decision comes a day after the Gurugram district administration had permitted a two-hour window for bursting green crackers in the state.
The office of the Deputy Commissioner of Gurugram posted the official communique issued by the District Magistrate Gurugram on October 31 on its official Twitter handle which specified that there would be a total ban on the sale of or use of all kinds of firecrackers in District Gurugram during the festival season of Diwali, Gurupurab and Kartik Purnima, Christmas eve, New Year eve.
District Administration has issued order dated 31.10.2021https://t.co/FVsmQskpoI
— DC Gurugram (@DC_Gurugram) November 1, 2021
It read that the ban has been placed keeping in view the covid-19 pandemic through which the State of Haryana is passing. It further added that the winter season is approaching, during which aged children, those with co-morbidities, and others may experience respiratory issues. People frequently burst crackers during the upcoming festival season of Diwali, Gurupurab and Kartik Purnima, Christmas eve, and New Year eve, which might harm the respiratory health of vulnerable groups while also aggravating the health condition of Covid-19 positive people in home isolation.
The order read that the decision was taken in “compliance with the various directions of the National Green Tribunal (NGT) and the Hon’ble Supreme Court”.
“Commissioner of Police, Gurugram shall be responsible for the compliance of the above orders. Any person found guilty of violation of this order shall be prosecuted and punished as per law under section 188 of the Indian Penal”, added the order.
Ahead of Diwali and in view of the coronavirus pandemic, authorities in Gautam Buddh Nagar, Uttar Pradesh, have invoked Section 144 of the Code of Criminal Procedure (CrPC), which prohibits gatherings of four or more individuals in a public location. The ban was put in place on October 31 and will be in effect until November 30.
Jhunjhunu Police in Rajasthan also imposes section 144 during Diwali
Prior to this, Jhunjhunu Police in Rajasthan also imposed section 144 during the upcoming Diwali celebrations. A tweet posted on the social media platform by the verified account of Jhunjhunu Police said that prohibitory orders have been issued under Section 144 of the IPC. The restrictions have been imposed on the orders of District Collector Umar Deen Khan.
Supreme Court refuses a complete ban on firecrackers, sets aside Calcutta HC’s total ban in WB
It may be noted that today, the Supreme Court of India has set aside the order of the Calcutta High Court imposing a complete ban on firecrackers in the state of West Bengal. On October 29, the Calcutta High Court had ordered a complete ban on all kinds of firecrackers throughout the state of West Bengal during the upcoming festivals including Diwali, Kali Puja, Guru Nanak Jayanti, Christmas and New Year’s celebrations. The court had said that only wax or oil-based diyas can be used and banned all firecrackers including green firecrackers which are allowed by the SC and the NGT.
Calling the High Court order ‘extreme’, the apex court said, “we are convinced that Calcutta High Court should have called upon parties to give an explanation before passing such an extreme order.”
The apex court said that there cannot be a complete ban on firecrackers, which it had already said on 29 October in a different case, and asked the authorities to strengthen mechanisms to supervise and implement its orders.
