Supreme Court has declined to interfere with the Calcutta High Court order to ban the sale and use of firecrackers on Diwali, Kali Puja, and other festivals while observing that preservation of life is more important than festivals amid this pandemic.
The top court’s vacation bench comprising Justice D Y Chndrachud and Justice Indira Banerjee was hearing a plea filed by Gautam Roy and the Burrabazaar Fireworks Dealers Association against Calcutta High Court’s November 5 order.
Justice Chandrachud observed, “I understand this may cause hardships for your clients. But we are in the midst of a pandemic… Can anyone even step out of their house in Kolkata or any other city today?”
He further added, “We are in a situation where preservation of life is the priority and anything which is done by High Courts for that, this court will have a lot of deference to that.”
The counsel appearing for petitioners argued that there is no empirical data to back the High Court decision.
To which, the bench replied, “This is a HC in the middle of the pandemic as judges know these festivals mean a lot to the people.”
Justice D Y Chandrachud dismissed the appeal while stating, “Life itself is precious, life itself is imperiled in these times. All of us have elderly people in our homes. And when there is something that can make life better for these people, let’s all come together.”
Calcutta High Court, on November 4, issued an order banning the sale and use of firecrackers stating, “we are in a situation where life itself is danger and there can be no greater value now than preservation of life.”