NEW DELHI: Noting that its order to ban polluting firecrackers is not being implemented by state governments and the fireworks are still being manufactured and sold, the Supreme Court on Friday said top bureaucrats, including chief secretaries and police commissioners, shall be held personally liable for violation of its order in “true spirit and in toto”.
Ahead of the festive season, a bench of Justices M R Shah and A S Bopanna warned any violation of its order would be taken very seriously and said it is the duty of all the states and state agencies to see that directions issued by the court are strictly complied with.
“No authority can be permitted the violation of the directions issued by this Court and permit banned firecrackers under the guise of celebration. Celebration cannot be at the cost of the other’s health. Under the guise of celebration, nobody can be permitted to infringe the right to health of others…(under Article 21)…and nobody can be permitted to play with the lives of others, more particularly senior citizens and children,” the court said.
“Any lapse on part of the state governments, state agencies and UTs shall be viewed very seriously and if it is found that any banned firecrackers are manufactured, sold and used in any particular area, the chief secretary of the concerned state(s), the secretary (homes) of the concerned state(s) and the commissioner of police of the concerned area, district SP of the concerned area and the SHO/police officer in-charge of the concerned police station shall be held personally liable,” the bench said. The bench said any wilful and deliberate diso-bedience shall have to be viewed very seriously.
“It prima facie appears that the implementing agencies of the concerned states either lack desire to implement the directions issued by this Court or they close their eyes for whatever reasons,” it said.