"...we are convinced that Calcutta High Court should have called upon parties to give explanation before passing such an extreme order", the Court observed in the order.
A Supreme Court vacation Bench comprising Justices AM Khanwilkar and Ajay Rastogi was hearing the challenge to the the order dated October 29, 2021 of the Calcutta High Court banning the use of firecrackers in West Bengal during upcoming festivities of Kali Puja, Diwali, Chatt Puja, Jagadhatri Puja, Guru Nanak's Birthday, Christmas Eve and New Year's Eve this year.
"There cannot be a complete ban of firecrackers. Strengthen the mechanism to stop misuse", orally observed the Supreme Court during the course of hearing.
In the order, the Supreme Court noted that The High Court proceeded to impose by the blanket ban on being influenced by the lack of mechanism to ensure that only green crackers are being used. This aspect was never debated during the course of the arguments. Senior Advocate Anand Grover, appearing for the State of West Bengal, submitted that had the High Court given opportunity to the State, the authorities would have placed on record the details about the enforcement mechanism. The vacation bench further noted that the Supreme Court is considering the issue of firecrackers and has clarified in an order that there is no complete ban on firecrackers.