Bombay High Court turns heat on illegal cracker vendors

The Bombay high court has directed all municipal corporations of Maharashtra to form separate teams in each ward to determine if those selling firecrackers are licensed and are operating as per the provisions of the Explosives Act.

A division bench of Justice V.M. Kanade and Justice Swapna Joshi was hearing a petition that alleged that firecrackers were being sold in the state in violation of two key Explosives Act provisions wherein such sale is allowed only in open spaces, and their storage and sale is barred in residential areas.

The petitioner, Chandrakant Lasure, had approached the court alleging that firecrackers were being sold in cities like Mumbai, Nashik and Pune in violation of the Act’s provisions. The court directed the inspecting civic teams to take action against errant vendors. The court further directed corporations to charge a heavy penalty on shops that flout rules.

Lasure had stated a number of incidents in the country where people had died due to firecracker explosions. Taking serious note this, on October 17, the high court directed all municipal corporations to take stringent action against such errant shopkeepers and submit a report. On Tuesday, none of the corporations, except Nashik, submitted a report.

During the hearing, the court observed that every individual has right to celebrate his or her festival but care should be taken not to curtail the rights of others. The court also observed, “During Diwali businessmen sell firecrackers and want to earn more, but they should understand that people’s lives are more important than money.”

The court also suggested that state and corporation would have to work together to control the illegal sale of firecrackers.

The state said it had already issued directions to police commissioners and SPs to take action against sellers who flout the Explosive Act and rules.

Rules to sell firecrackers According to the Explosives Act and Explosives Rules of 2014, no one can sell or store firecrackers in residential areas. Firecrackers must be kept and sold in open spaces. Firecracker sellers need licences from local civic corporations.