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Judgment
The Petitioner No.1 is stated to be an association of thirty Odisha dealers engaged in the business of importing fire crackers from other states, storing them and distributing them for sale to various seasonal shops during the festive season. The application filed by Petitioner No.1 for registration on 21st October, 2021 under the Societies Registration Act is stated to be pending with the State government. Petitioners 2 and 3 are said to be proprietory concerns dealing in firecrackers.
The challenge in the petition is to the clause in the Order dated 30th September, 2021 issued by the Special Relief Commissioner (SRC), Government of Odisha, in light of the Covid-19 pandemic, that "with a view to protecting the health of the general public and to curb the spread of infection, sale and use of fire crackers shall remain prohibited during this festive month" i.e. till 1st November, 2021. It is contended by Mr. Gautam Mukherji, learned Senior Advocate for the Petitioners, that the Covid-19 pandemic has substantially abated and there is no scientific study to show that the bursting of green firecrackers‟, which is what the Petitioners undertake to sell, has a nexus to the spread of the pandemic. Referring to the Guidelines issued by the National Green Tribunal (NGT) on 1st December, 2020 and the orders passed by the Supreme Court of India on 23rd October, 2018 and 21st April, 2019 in W.P.(C) No.728 of 2015 (Arjun Gopal v. Union of India) he submits that with the ambient air quality in most of Odisha continuing to be in the good‟ category, there is no justification for the State of Odisha not to permit the sale and use of even green firecrackers‟.
This petition was first heard on 27th October, 2021 when this Court was informed that the Supreme Court was seized of an application filed in the Arjun Gopal case. This Court adjourned the matter till today awaiting the orders of the Supreme Court. Today, this Court is informed that the Supreme Court of India is still seized of the application in the Arjun Gopal case and no order has been passed as yet by the Supreme Court therein.
Mr. P.K. Parhi, learned ASGI, has today handed over a reply filed by Opposite Party No.5, the Union of India through the Deputy Chief Controller of Explosives, Bhubaneswar in Petroleum and Explosives Safety Organization (PESO). The said affidavit refers to the aforementioned orders and directives passed by the Supreme Court of India on 23rd October, 2018 and 21st April, 2019 in the Arjun Gopal case as well as the guidelines issued by the NGT on 1st December, 2020.
It is averred in the affidavit of PESO that the Petitioners and other dealers in firecrackers would have to strictly comply with the said orders and Guidelines. A categorical statement has been made in para 3 of the said affidavit that "this office has no objection for sale and use of authorized green fireworks during the upcoming Diwali festive season with manufacture‟s label, bar code and detailed instructions for firing and function of items through bonafide and valid license holders".
In view of the above affidavit, and in the light of the fact that the Supreme Court of India is stated to be still seized of the applications in the Arjun Gopal case, this Court issues the following directions:
(i) The SRC will hear the Petitioners tomorrow, i.e. 30th October, 2021 at 11 am in his office.
(ii) The SRC will take into account the orders passed by the Supreme Court of India in the Arjun Gopal case including any order that may be passed today, the guidelines issued by the NGT and further the current status of the prevalence of the Covid-19.
(iii) The SRC will conclude the hearing tomorrow itself i.e. 30th October, 2021 by 1 pm and pass a reasoned order on the Petitioners‟ request on or before 1st November, 2021 by 10.30 am with a copy thereof being made available to the Petitioners and another being presented before this Court.
The present petition will be taken up for further hearing at 2 pm on 1st November, 2021.
An urgent certified copy of this order be issued as per rules.