Telangana Fire Works Dealers Association has challenged the Telangana High Court decision to ban sale and use of firecrackers during Diwali, in the Supreme Court.
Telangana High Court had directed the state government to impose a ban on the sale and use of firecrackers during Diwali 2020.A Special Leave Petition has been moved in the Supreme Court by Advocate-on-Record Somanadri Goud Khatam on behalf of the Association
"The Petitioner Association is seriously prejudiced by the aforesaid order of the Telangana High Court and therefore, seeks the permission of the Supreme Court to file the present Special Leave Petition." the petitioners said.
They informed the Supreme Court that they are seriously affected by the aforesaid order. "In spite of the Petitioner Association being a proper and necessary party, the said order has been passed without making the Petitioner Association a party to the said proceedings and without considering the impact the order would have on the livelihood of the said members,", they said.
The petitioners noted that the order was passed without providing an opportunity to the Association to represent itself is also in a clear violation of the Principles of Natural Justice.
"In addition to the same, the said order has been passed on the eve of Deepavali and as such, passing of the said order on such short notice would lead to immense financial hardship to the members of the Petitioner Association," they said
The petitioners also submitted heavy investments have been made by the members of the Petitioner Association and a ban on the sale and use of the same that too on such short notice would lead to immense hardships for the members of the Association. "The said ban is also violative of the Fundamental Rights under Article 19 and 21 of the members of the Petitioners," they said.
The petitioners informed the court about its earlier guidelines on Diwali in view of the air quality index and other factors. "The Supreme Court has laid down directions that only green and chemical-free firecrackers are allowed to be manufactured and sold keeping into account the prescribed standards of the Petroleum and Explosives Safety Organisation (PESO). These green firecrackers reduce emission by 25-30%," they said.