Thread by @barandbench

#SupremeCourt resumes hearing petitions seeking the regulation of firecrackers and ban on the manufacture of firecrackers containing harmful chemicals such as barium nitrate #firecrackers

Justice MR Shah peruses the earlier orders passed in the case.

Justice Shah: we have recieved the prelimiary enquiry by CBI , in many items Barium has been found. Why should not your licenses be cancelled ? (to Hindustan firecrackers, etc)

Sr Adv Kiran Suri : we don't know what is there in the report

Justice Shah: the report is from concerned government laboratories. should we ask CBI to register FIR against you? tell us on the next date why should not you be punished?

Suri: Kindly give us the report...I don't know what is CBI enquiry

Justice Shah: its a preliminary report, how can that be given to you

Justice Shah: it shows earlier some licenses were killed

Senior Adv Gopal Sankaranarayanan: Those were dealer licenses and not manufacturer license

ASG Aishwarya Bhati: This report will clarify violations under explosives act where action can be taken under PESO, and it can be given since it is submitted to you. So we have no apprehension that the report can be given to the manufacturers.

Sr Adv Atmaram Nadkarni: here in this enquiry, it is more in the nature of a report by an advocate commissioner, a copy maybe given to contemnors my lord..

Justice Shah: the enquiry papers must be with you Ms Bhati?

ASG: Yes, My Lords

Justice Shah to other counsels: The report submitted by CBI on preliminary enquiry on the basis of laboratory is very serious in nature. Sivakasi itself has done it as per the report, main manufacturer is there. action has to be taken now.

Justice Shah: Hindustan and standard fireworks everywhere it has happened. Barium was purchased in large quantity by the. when barium is banned how can this be purchased?

Nadkarni: a petition has so many issues but only Sivakasi is being targeted.

Justice Shah: under what law is Supreme Court order being violated

Nadkarni: it was the trial through standard worksand it was asked to be done by NEERI

Justice Shah: if anybody has violated the orders strict view will be taken including cancellation of licenses

Justice MR Shah: This application has been preferred by original writ petitioners with a grievance with respect to violation of the orders by this court in earlier writ petition of 2015.

Justice MR Shah: it cannot be disputed that pursuant to earlier orders passed by this court, barium and barium salts are being used in the manufacture of firecrackers. it is alleged that manufacturers have violated the previous orders by this court

Justice Shah: it has been contended that barium salts were used in the manufacturers.

Sr Adv Suri: in 2019 the order was modified and some barium was permitted

Justice Shah: yes we will give you opportunity to argue before sending you to jail !

Justice Shah: this court by order dated 3.3.2020 directed the CNI Chennai to make a detailed probe regarding alleged violations of this courts orders by the respondent manufacturers by using the ingredients which have been banned & misleading courts

Justice Shah: Joint Director CBI was directed to submit this report to this court within 6 weeks. The inquiry report states that samples of firecrackers and raw material was collected from manufacturing factories which was sent for chemical analysis.

Justice Shah: it has been found that in many firecrackers manufactured by manufacturers named in earlier orders, barium salts was found. A huge quantity of barium salts was also purchased by manufacturer after the substance was banned.

Justice Shah: some of the manufacturers did not adhere to the chemical composition therefore violated the orders passed by this court and also violated orders regarding labelling of fire crackers

Justice Shah: as per orders passed by court on 3.3.2020, standard fireworks, Hindustan fireworks, vinayaka fireworks, and others were directed to showcase why they should not be punished for contempt for violating this courts orders.

Justice Shah: after considering the report by CBI Chennai prima facie it appears manufacturers have violated the orders of this court with regard to use of barium and barium salts and orders regarding labeling of firecrackers

Justice Shah: we direct the counsel of CBI to furnish enquiry report to the respective counsel of manufacturers by tomorrow. copy of the report be also furnished to Sr Adv Gopal Sankarnarayanan

Sr Adv Gopal Sankaranarayanan: if names of people who gave testimonies etc are there then it needs to be redacted

ASG: This is not based on oral testimony but reports by the laboratories.

Justice Shah: it will be open to concerned manufacturers against whom allegations are made to file the counter with a copy to ASG Bhati as well as Sr Adv Gopal Sankarnarayanan

Sr Adv Suri: we will file a comprehensive affidavit

Justice Shah: registry is directed to issue formal notices to two IAs. it is stated that in the aforesaid IAs respective parties are represented through counsels. List the matter on October 6, 2021.
#supremecourt #firecrackers

ASG: One aspect is violations and one is the way forward. After a lot fo research these reports are prepared. Now there is question on mechanism to develop so that these orders are implemented?

Justice Shah: why is the MoEF so anxious? Today if we say green crackers only banners will be there and only barium will be used. this is not a fresh matter before us we have to consider earlier orders. you know the problems only those suffering from asthma can feel this

Justice Shah: we have to taken a balanced view looking at the country because everyday there is a celebration. But we have to see other factors also and we cannot allow them to suffer and die

ASG: My own child is suffering from asthma..its not like we are falling from the sky

Justice Shah: we are talking about us also. we also want to see how festivals are celebrated..

ASG: I apologize if we are coming across as anxious.. I will keep quiet now unless asked to speak now.

Justice Shah: let us hear the case on Oct 6. we have also come to know that even stumbling burning contributes to it.

Ms Bhati we are sorry if we hurt you

ASG: no no I am sorry. There was some bashing in another court also

Justice Shah: i have been there and also a CBI counsel. I was at the receiving end also. such bashings happen and this trains us
#supremecourt