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Kerala High Court grants partial relief on order to seize illegal fireworks, but ban on timing of cracker bursting to remain
The Kerala High Court on Tuesday allowed partial relief in an appeal filed by the State government challenging a recent order of a single-judge of the High Court which had directed the government to conduct raids at all religious places to seize illegal firecrackers.
Kochi: The Kerala High Court on Tuesday allowed partial relief in an appeal filed by the State government challenging a recent order of a single-judge of the High Court which had directed the government to conduct raids at all religious places to seize illegal firecrackers.
On Tuesday a Division Bench quashed the order except for the observation that "no crackers shall be burst in religious places at odd times.”
“We quash and set aside the order impugned except the direction issued by a single-judge that no crackers shall be burst at religious places at odd times. We hereby clarify that there should be a bar on using fireworks between 10 pm and 6 am unless the State authorities pass specific orders for each religious place if the case of the religious place is covered by the observations of the Supreme Court,” said the Bench.
It further pointed out that the State authorities are free to "take steps with regard to illegal possession of firecrackers in various places in accordance with law.”
Incidentally, last week Justice Amit Rawal had directed the Deputy Collector to conduct raids with the assistance of the Commissioner of Police, Cochin, and other districts, in all religious places and take into possession the crackers illegally stored there and issue instructions that henceforth no crackers shall be burst in religious places at odd times as prima facie there is no commandment in any of the holy books to burst crackers to please god.”
On Tuesday State Advocate General K Gopalakrishna Kurup submitted that the order was passed on a petition that did not even seek such a direction from the court.
He pointed out that the petition was filed in 2015 and its subject matter was restricted to the bursting of firecrackers at a specific temple alone.
He added that the direction of the single-judge was an omnibus one and was not warranted by any factual or legal circumstances and wanted the single-judge's order be set aside, but the Division Bench gave a partial relief.
