Breaking| Firecracker Ban- Division Bench Of Kerala High Court Sets Aside Order To Raid Religious Places, Limits Ban From 10 PM To 6 AM With Liberty To State To Grant Relaxation

Division Bench of the Chief Justice of the Kerala High Court has set aside the interim order passed by a single bench of the High Court to conduct raids in all religious places to take into possession the crackers illegally stored. The Court has also clarified that the restriction on bursting of firecrackers is only between 10 pm to 6 am instead of the "odd time" as mentioned in the order of the Single Judge. 

The Division Bench of Chief Justice AJ Desai and Justice VG Arun passed the order in an appeal filed by the State Government against the order of the single judge, inter alia contending that the interim order banning firecrackers during "odd time" is vague and that there are government orders in place which regulate bursting of firecrackers. The Division Bench noted in its order that the single bench travelled beyond the scope of the Writ Petition to pass general directions. 

The Division Bench held that the state may pass orders with respect to individual Temples. It also said that the restriction between 10 pm and 6 am is subject to relaxation that can granted by the State in terms of the order of the Apex Court. The Court clarified that the State is at liberty to take action against the illegal storage of firecrackers. At the request of the Advocate General, the Division Bench clarified that the Temple Festival "Thrissur Pooram" will continue to be governed by the order of the Apex Court passed specifically on the festival.   

Advocate General Gopalakrishna Kurup appeared for the State, while Senior Advocate K. Ramakumar appeared for the Respondents in the Writ Petition and Advocate T Naveen appeared for the State Pollution Control Board. 

During the hearing, the Division Bench observed that it would follow the order of the Apex Court on the bursting of firecrackers. It noted that the Single Bench passed the interim order in a Writ Petition that was of the year 2015, which was listed for final hearing. 

The Bench of Justice Amit Rawal had ordered on Friday, "I thus direct the Deputy Collector with the Assistance of the Commissioner of Police, Cochin and other districts, to conduct raids in all religious places and take into possession of the crackers illegally stored in all religious places and issue instructions that henceforth onwards no crackers shall be burst in religious places at odd time as prima facie there is no commandment in any of the holy book to burst crackers for pleasing the God".

In an earlier interim order passed in the matter, the Single Bench had directed the State to show the orders issued by Collectors permitting temples to burst the crackers and whether any time limit had been fixed. "State would also file an affidavit as to why the crackers are being permitted to be burst in temples without taking permission from Pollution Control Board as they cause not only environmental pollution but noise pollution as well", the Court had directed in its earlier interim order of October 27.

The Court was considering a Writ Petition filed in the year 2015 seeking the prevention of the bursting of crackers in all religious places in Kerala. The Petitioners had contended that explosive licences are being issued by the District Collector under Explosive Rules and that only a few Temples have licences under the Explosive Rules. The Petitioners also contended that even if licences are being issued to Temples, they should not be issued as bursting crackers cause noise and air pollution. They contended that crackers are busted at odd hours disturbing peace. The Single Bench had noted in the interim order that the Respondents did not deny the allegations of the Petitioners. It also said that "even this Court had also heard the noise of the crackers even after the midnight".

Cause Title: State of Kerala v. Binoj KB & Ors. (WA 1935/ 2023)