Raid All Religious Places And Seize Fire Crackers Stored Illegally: Kerala HC Orders After Claiming To Have Heard Noise Of Crackers After Midnight, Says No Holy Book Prescribes Bursting Crackers

The Kerala High Court has ordered the Deputy Collectors to conduct raids in all religious places and take into possession of the crackers illegally stored in the religious places. The Court has also directed Deputy Collectors to issue instructions that henceforth no crackers shall be burst in religious places at "odd time". It is not clear from the order as to what is the "odd time" during which the ban will apply. 

The Court also observed in its interim order that there is no commandment in any of the holy books to burst crackers to please God.

The Bench of Justice Amit Rawal today ordered, "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 its earlier interim order passed in the matter,  the 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. Advocate R. Suraj Kumar appeared for the Petitioners while Senior Advocate K. Ramakumar, the State Attorney, Advocate T. Naveen, Advocate TR Rajan and Advocate K.P.Santhi appeared for the Respondents. 

The Petitioners contended that explosive licences are being issued by the District Collector under Explosive Rules and that only a few Temples have licence 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 Court noted 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".

The Court directed that the order be communicated to all the District Collectors in Kerala for compliance. "It is made clear that in case after todays order if it is found or reported bursting of crackers, court may be compelled to initiate contempt proceedings", the Court warned.

The Court directed the State's Counsel to submit a report before the next date of hearing and adjourned the case to November 24.

Cause Title: Binoj KB & Ors. v. State of Kerala & Ors. (WP(c) No. 1550 of 2015)

Click here to read/download Order