Firecrackers: Cannot infringe right to life of other citizens under guise of employment, says SC
New Delhi(PTI): The Supreme Court Tuesday said it cannot infringe the right to life of other citizens under the guise of employment while considering ban on firecrackers
A bench of Justices M R Shah and A S Bopanna said its prime focus is the right to life of innocent citizens.
"We have to strike the balance between employment, unemployment and the right to life of the citizen. Under the guise of employment of few we cannot permit others to infringe the right to life of other citizens.
"Our prime focus is the right to life of innocent citizens. If we find green crackers are there and accepted by the committee of experts we will pass suitable orders," the bench said, adding that in our country, the main difficulty is implementation.
"Laws are there but ultimately implementation has to be there. Our order should be implemented in true spirit," the bench said.
Senior advocate Atmaram Nadkarni, appearing for manufacturers' association of firecrackers, said that Diwali is approaching on November 4 and they want Petroleum and Explosives Safety Organization (PESO) to take a decision.
He said the government should decide the matter as lakhs of people are unemployed.
The senior advocate said contempt must be heard and taken to a logical end but the plight of lakhs of people who are working in the industry should also be looked into.
Senior advocate Gopal Sankaranarayanan appearing for the petitioner Arjun Gopal, said series of orders have been passed by the top court and directions have been given that PESO will give final clearance to firecrackers which are safer.
When Nadkarni interrupted Sankaranarayanan, the bench in a lighter vein said, "We don't want any bursting of crackers in the courtroom. Everybody will get a chance. Also, I'm afraid of firecrackers."
Sankaranarayanan said, "My Lord, we assure there'll be no fire in the court, only work."
Additional Solicitor General Aishwarya Bhati, appearing for the Ministry of Environment and Forests, said an affidavit was filed by the ministry in October 2020 and if the top court takes note of it all the interim applications will be covered in that. All the experts have come together and suggested formulations on the issue of green crackers.
The bench said it will take up the matter at 2 pm.
The apex court had earlier refused to impose complete ban on sale of firecrackers and said that sale can happen through only licensed traders and that only green crackers can be sold. Online sale of firecrackers has been completely banned.
The verdict had come in response to a plea seeking a ban on manufacturing and sale of firecrackers across the country to curb air pollution.
In the past, the apex court had said that while deciding on a ban on firecrackers, it is imperative to take into account the fundamental right of livelihood of firecracker manufacturers and the right to health of over 1.3 billion people of the country.
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Vijay unable to prove majority, not invited for CM oath ceremony: Sources
Chennai: Actor-politician Vijay has reportedly not been invited to take oath as Chief Minister of Tamil Nadu after failing to demonstrate support from the required number of MLAs, sources in Raj Bhavan said.
According to media reports that quoted sources in the office of R.N. Ravi Arlekar, Vijay could not prove the backing of 118 legislators, the majority mark in the 234-member Tamil Nadu Assembly.
Despite last-minute efforts to secure support from the Viduthalai Chiruthaigal Katchi (VCK), Amma Makkal Munnetra Kazagam (AMMK), and an IUML legislator, Vijay reportedly managed support from only 116 MLAs, falling short by two members.
Sources said Vijay failed to submit letters of support from the VCK and the Indian Union Muslim League (IUML).
Later, the IUML issued a statement clarifying that it was not part of the TVK-led alliance.
Meanwhile, AMMK leader T.T.V. Dhinakaran is also said to have informed the Governor that his party would support the All India Anna Dravida Munnetra Kazhagam (AIADMK) instead.
Earlier in the evening, Vijay had met Governor Arlekar and staked claim to form the government, stating that he enjoyed the support of 118 MLAs.
