
The Kerala High Court on Friday has given direction to state authorities to conduct raids in all religious places and temples and take the possession of all illegally stored firecrackers at such places.
Justice Amit Raval has also stated that no firecrackers shall be burst at religious places at odd hours as there is no preaching in any holy books to burst crackers in order to please the God. The court further directs the Deputy Collector to conduct raids in all religious places and take the possession of all illegal firecrackers stored in all such religious places with the assistance of the Commissioner of Police and issue instructions that no firecrackers must be burst in religious places as prima facie there is no commandment in any of the holy books to burst crackers in order to please God.
The court was contemplating a petition seeking intervention to prevent the bursting of the firecrackers in all religious places situated in Kerala. The plea also contended that the district collector should issue explosive licenses under Explosive rules and temples should not have explosive license to burst firecrackers. The plea also contained that most of the temple holders except few, are not having any licenses. Even if the licenses are issued to burst crackers, they should not be burst as it causes noise and air pollution also. It further contented that fire crackers are burst at odd hours which causes disturbance and hinders the peace in society.
The High Court noticed that the state and religious authorities raised no objection to the petitioner’s stand. The single judge agreed with the contention and said that even he had heard the crackers bursting after midnight. Therefore, in accordance to act with the contention, the High Court directed Deputy Collector with the assistance of Police Comissioner to conduct raid and take the possession of all illegally stored firecrackers in the religious places of Kerala. It further directed that the copy of the order must be circulated to all District Collectors in kerala in order to act in compliance. The Court further clarified that if in case, it found that crackers are burnt after today’s order at odd times then the court may be compelled to initiate contempt proceedings. It directed the State Counsel to submit the report on the same before the next hearing, i.e. November 24.
Written By:- Dolly Singh Gehlot, College:- BM Law College, Jodhpur, semester:- 5th an intern under Legal Vidhiya
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