Kochi: A division bench of the Kerala High Court on Tuesday banned fireworks with high decibel crackers in places worships between sunset and sunrise across the state. In a special sitting on Tuesday, the bench comprising Justice Thott-athil Radhakrishnan and Justice Anu Sivar-aman, issued the interim order in the suo motu proceedings initiated by the court based on a letter written by Justice V. Chitambaresh in the wake of the firework mishap in Puttingal Temple near Paravur in Kollam district.
The court, which allowed fireworks with a maximum of 140 decibels during daytime, stated that it should be held strictly under the law. The court will hold the next hearing in the case on April 14 at 4 pm, the day when Vishu will be celebrated.
The Kerala High Court has suggested a CBI probe into the Puttingal firework mishap and said that the state government itself should initiate the steps in this regard. The court said the officials of the Central and state governments must ensure that there is no use of explosives as stipulated in Explosive Rules 2008 in any part of the state. In case of any lack of supervisory control by the officials concerned, it would be considered as dereliction of duties inviting stringent action against them.
The Explosive Act is clear and states: “No person shall handle or cause to be handled any explosive between sunset and sunrise: Provided that nothing in this rule shall apply to handling of explosives during the dark hours if proper illumination is provided in the area and the place is guarded."
The Bench also stated that the Supreme Court also imposed restriction on the use of fireworks. The government should exercise its power and will to implement the existing rules and regulations instead of holding all-party meeting after a disaster, the Bench observed during the hearing.
The court also stated that there was no need for more regulatory measures as there was sufficient Act and rules. The court also observed that the right to profess, practise and propagate the religion of one's choice under Article 25 of the Constitution does not grant freedom to use dangerous crackers.
